When you build a home, you expect it to be free from the costly issues that commonly plague older construction. You certainly don't expect to move into a brand new home with a pest problem.
We’ve been looking in recent posts at the topic of Assignment of Benefits agreements, the risk of over-inflation and fraud, and the need for contractors to take precautions to protect their right to seek compensation under the homeowners policy for repair work provided in connection with an Assignment of Benefits agreement.
Last time, we began looking at the issue of assignment of benefit claims, and the financial strain they are putting on Florida’s homeowner’s insurance industry. As we noted, one of the big criticisms of assignment of benefits claims is that they open the door for contractors to file fraudulent claims, and ultimately can put the homeowner at risk if the insurance company and the contractor cannot resolve disagreements.
In Florida, swimming pools aren't just a luxury; they're almost a necessity. Building an in-ground pool can add significant value to your property and provide a refreshing escape.
Under Florida law, homeowner’s insurance policyholders are able to assign the right to seek insurance reimbursement to third-party contractors. Contractors who have reimbursement rights assigned to them are then able to seek compensation from the insurance company for repairs, such as leaky pipes, and may file claims against the insurer if payments are denied or minimized.
In our previous post, we began looking at a lawsuit filed by a condo unit buyer in connection with the Faena Forum, a high profile cultural center in Miami Beach. As we noted, breach of warranty was one of the claims the unit buyer included in his complaint.
Construction is an industry where there are a great many variables at play, and it common for problems to arise. Quality contractors not only know how to prepare properly for a job, including obtaining the proper licensure for the job, but also how to effectively address issues as they come up so that the consumer is satisfied and they meet their contractual obligations. As a recent article points out, though, problems can arise for consumers when they work with unlicensed contractors, particularly when they don’t know their rights.
In any professional relationship, ideally both parties gain something valuable, whether that is the completion of services or compensation. In general, this is exactly what happens and both parties walk away from an agreement with their needs met. However, this doesn't always happen.
When it comes to a legal dispute with contractors or subcontractors, you might feel like you need to gear up for battle and fight for a resolution. This is a somewhat common reaction because many of us hear horror stories about unfinished projects, outstanding payments, substandard work and product defects that jeopardize an entire structure.
On this blog, we often discuss disputes and complications that can arise when you are having construction work completed on your home or on commercial property. However, construction projects and disagreements don't just affect the people who are actively involved in a project.