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construction defects Archives

Latent vs. patent construction defects: What's the difference (and why does it matter)?

If you've ever had the misfortune of dealing with construction defects, you know what a headache they can be, particularly when they affect an entire condo or residential community. Such far-reaching defects can cost a fortune to fix.

4 pitfalls associations should avoid when facing construction defects

Construction defects are costly problems for associations. Condos, townhomes and single-family developments are prone to defects from both the original construction and later renovations. When defects affect common elements, they become the responsibility - and the headache - of the association.

Florida ruling sheds light on statute of repose for construction defect claims

In Florida construction defect cases, you can't pursue compensation in court without first providing notice to the responsible parties. This notice - often referred to as "pre-suit notice" or "Chapter 558 notice," for its location in the Florida statutes - must be provided at least 60 days before a civil action can be filed. In cases involving housing associations of 20 or more parcels, the pre-suit notice must go out at least 120 days prior to filing a suit.

What COAs should know about water intrusion (part 3): Who's responsible?

Water intrusion is one of the costliest problems condo associations can face. As we discussed in part one of this series, the warning signs can be subtle, and leaks may have caused extensive damage by the time they come to light. In part two, we covered the types of construction defects that commonly contribute to water problems.

What COAs should know about water intrusion (part 2): How construction defects contribute

Buildings and water don't mix. When water seeps into the walls, ceiling, exterior or foundation of a condominium building, the damage can be extensive. COAs are often baffled as to how such widespread destruction could have happened - especially in newer construction.

Ask an expert to trace a construction defect back to its source

Because of the weather here in Florida, one of the most common problems for property owners is water intrusion. Construction defects due to shoddy construction methods, design flaws or problematic building materials can result in water intrusion and subsequent damage that plagues condominiums. The resulting repairs can be costly.

Construction defects: the association's responsibility or the owner's?

It's a common scenario: an association for a condo or residential development discovers serious construction problems. Perhaps water intrusion has led to widespread mold growth and structural damage. Perhaps poor-quality materials have deteriorated long before their lifespans. Or perhaps code violations come to light, requiring costly repairs.

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