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Part III: Steps to take after discovering a construction defect

As regular readers of our Florida Legal Blog, you know that in a recent post we described some of the steps owners of a condominium plagued with construction defects should take to ensure that the flaws are fixed or fully compensated for.

As you will recall, one of the best things a condominium owners association can do after finding a construction defect is to preserve the evidence. Don't rush to have it fixed before the association has notified the builder and developer and had them inspect the flaw. It is possible that they will recognize their error and agree to have it fixed at their expense.

If not, they will at least have seen it and been informed that it needs to be addressed.

In previous posts we also made the point that the association (or condo owner) should also document the defect with still photos and video. In addition, you should sit down with a qualified construction defect attorney to write descriptions of the defects and the problems they create.

The author of the article also points out that time is a critical component in these matters. There are often contractual deadlines (typically a one-year builder's warranty) and the statute of limitations for making claims that might include breach of contract, breach of express warranty or implied warranty or professional liability.

In Florida, the statute of limitations for construction defects litigation is four years (typically from the time the buyer takes possession) and the statute of repose (for latent defects) is 10 years.

Learn more about deadlines, evidence, compensation and more by contacting a qualified attorney experienced in Florida construction defect litigation.

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