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Florida legislature changes construction defect deadline
A Florida law recently signed by Gov. Rick Scott is designed to give developers and contractors extra time to address construction defects lawsuits. The concern was that some firms facing a construction or design defect suit would have little or no time to respond to claims filed just before the 10-year deadline.
Liability when construction defect claims go overlooked
In Florida, board members of community associations (like HOAs and COAs) have important legal responsibilities. One of those duties is to investigate and pursue construction defect claims in a timely matter.
When construction defects lead to structural failures
In Florida, buildings and other structures sometimes collapse. These collapses may happen because of several different reasons, including manmade and natural reasons. Some of these structural failures are caused by construction defects when the buildings or structures are built. When a building or other structure collapses because of construction or design defects, the people who built the structure or who designed it may be liable.
When HOA/COA maintenance workers become unlicensed contractors
Ongoing maintenance work in large condo or home communities can be a full-time job. Many homeowners associations (HOAs) and condominium owners associations (COAs) have a full-time maintenance worker on staff. That person typically acts as a "handyman," responsible for repairs and upkeep of communal property.
Common defenses to watch out for in construction defect claims
Construction defect claims are rarely surefire. When you're seeking to hold a developer, builder or contractor accountable, you may face roadblocks along the way. Ultimately, the other side is looking to protect their own interests - and their own bottom line. Thus it's important to be aware of possible defenses and arguments they might raise in these cases.
Recognizing construction defects
A construction defect can occur at any point in the process of designing, building or inspecting a structure. Defects may occur in a commercial building or a new home that is constructed in Florida. Problems could arise if water intrusion occurs as that can lead to toxic mold, and other problems include expansive soils or unstable foundations.