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During the final walkthrough of your new home, it’s critical you keep an eye out for potential defects in the property you’re examining.
To lighten this burden on yourself, consider bringing a general contractor with you to play the role of a second pair of eyes since they’re likely to catch issues that you would miss. Just remember that the real key is to thoroughly document everything—take photos of visible defects and keep detailed notes.
Some problems, like cracked tiles or uneven paint, may be immediately noticeable, but others can be hidden or are generally hard to notice. These defects may not be apparent until later, so it’s vital to request repairs before moving in.
It’s also wise to secure an agreement from the builder to address any identified issues upfront. Thorough documentation during the inspection can prevent future headaches if you need to address the same defects later.
In Florida homes, common defects include roof leaks, mold, plumbing, and electrical issues. While some defects are cosmetic and visible, such as cracks or uneven finishes, others, like structural problems, may not be immediately apparent.
For example, improper construction of beams can lead to shifts in the structure of a house, eventually causing roof leaks. Additionally, pool defects, such as cracks or water intrusion, can impact the home’s foundation.
Do not rely solely on the seller’s word. Always hire a home inspector or general contractor to thoroughly inspect a property before signing any contracts. Be cautious. After the purchase, resolving these issues may involve costly repairs or legal action. If significant defects compromise the home’s value, it may be worth reconsidering the purchase.
In Florida, the time you have to report construction defects depends on various factors. Generally, the statute of limitations for breach of contract claims is four years.
However, many contracts specify a shorter reporting period, often requiring you to notify the contractor within one year of discovering the defect. Because of this, you need to report defects as soon as you notice them. Doing so not only preserves your rights but goes far to getting things taken care of as quickly and easily as possible.
Florida law also requires homeowners to mitigate damages by addressing issues promptly. Failure to report a defect immediately can limit your ability to recover damages later. Florida’s Chapter 558 process allows homeowners to formally report defects and gives contractors an opportunity to repair or settle the issue before litigation.
In Florida, addressing construction defects is governed by Chapter 558, a statute specifically designed to handle these disputes. This law outlines a structured process that homeowners must follow to seek remedies from builders for construction issues.
First, it’s important to get a construction defect lawyer involved early. They can help ensure that the Chapter 558 process is followed correctly. The process starts with serving a notice of defects to the builder, providing them with 60 days to respond. During this time, the builder can inspect the defects and either offer to fix them or negotiate a settlement.
If the defects aren’t resolved through this process, you can pursue litigation, but only after demonstrating that you gave the builder a fair chance to correct the issues. Proper documentation and adherence to the law are essential to avoid complications down the road.
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For more information on Addressing And Identifying Construction Defects In Jacksonville, Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 904-4437 today.