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Resolving construction defect disputes

Regular readers of our legal blog know that we often focus in this space on matters involving Florida construction defect disputes. While it can sometimes be difficult for people involved in a project to agree on the existence of a defect, it can be even more difficult to find agreement on defect mitigation and repair and on the crucial question of who will bear financial responsibility for fixing the defect.

The involved parties typically include the contractor, design professional, subcontractors, consultants and suppliers of construction materials.

It's understood that none of those parties wants construction defects. When an owner, architect or association becomes aware of a defect, an investigation should take place to determine the extent of the problem.

Once a Florida project reaches the completion stage, parties involved in the project must take certain steps in a process created by the legislature 15 years ago. The first step in what is known as the Chapter 558 process is to serve written notice of the claim to whomever is believed to be responsible for the defect.

Disputes over construction defects can be complex legal matters requiring the assistance of an attorney steeped in this area of law. Consider contacting a local lawyer who understands construction law and litigation in Florida, and who is well-versed in construction defects specifically.

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