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Part II: Steps to take after discovering a construction defect

As regular readers of our Florida legal blog know, we recently discussed in this space steps that condo owner associations should take after discovering design or construction defects. Taking these steps can help to ensure that your organization gets the problems addressed by the developer or contractor or that owners are compensated.

Please see the previous blog post about the importance of preserving evidence of a construction or design defect. In this post, we'll take a look at another crucial step to take: retaining experts early.

Not only should the contractor and/or developer get to see the problems before any steps are taken to address them, but your association should also retain experts to observe the flaws as they exist at the time the issues are discovered. It can also make sense at this point to discuss the matter with an attorney experienced in construction defect litigation.

The lawyer can retain a consulting expert who will then coordinate the inspections and analyses of other experts likely to be useful in a trial. In that way, communications between the attorney and the consulting expert are protected.

Another important step to take: document the problem. Documentation typically includes photos and videos that will create a visual record of the defects.

With the help of your attorney, write descriptions of the problems and interview condo owners and other relevant people about the discovery of the defects and the impact the problems have on residents.

We'll look at more steps to take to get defects fixed or ensure compensation in future posts.

Those facing construction defect disputes can contact a Florida lawyer experienced in construction litigation that protects owners and their investments.

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