Common Construction Defects And How To Address Them

Our homes are our most important assets, but when they start to fall apart, they can become costly and dangerous. Fortunately, Florida residents don’t have to bear the full burden alone. This article covers the basics of construction defect lawsuits and claims, including:

• What common types of construction defects occur in Florida homes and businesses, and why.
• How to spot construction defects early.
• Some of the issues that can come up during the construction defect claim litigation process.

Why Is There An Explosion Of Construction Defects In Florida?

You may see dozens of billboards advertising lawyers who handle medical malpractice or car accident cases, but few address issues with your home. Yet, in states like Florida, construction is booming, with skylines and suburbs expanding rapidly.

Unfortunately, this rapid expansion often leads to poor workmanship, especially when contractors engage in unpermitted construction activities. These occur when contractors fail to obtain the necessary building permits or are unlicensed. In some cases, they don’t even have a contractor’s license or adequate workers’ compensation insurance to protect their workers.

These issues stem from a larger problem: prioritizing profit over people and buildings. As a result, contractors and construction companies may cut corners, leading to various construction defects.

What Are Some Of The Most Common Construction Defects Found In Florida Businesses And Homes?

Construction defects can arise from problems with building plans, materials, or construction techniques. These defects can create significant issues for homeowners and business owners.

What Dangers Do Material Construction Defects Represent To Florida Residents?

Material defects can range from cracks in the foundation to issues like a faulty solar installation on the roof. In short, a material defect occurs when something is not built according to the Florida Building Code.

The Florida Building Code sets forth a stringent set of rules and regulations governing the construction industry. However, like any set of rules, they are sometimes ignored in the pursuit of profit or due to negligence.

Of course, material defects are significant issues that can lead to substantial danger or costs for the home or business owner.

Attorney Eric Jones is a former United States Army Officer with an impressive track record in and out of Florida courts. He has won multiple large compensation cases for Florida homeowners and businesses alike, with many more successful settlements under his belt. Guided by patience, faith, and a belief in the power of truth and justice, he shares his hard-won wisdom to help resolve construction defect claims.

Has your Florida home suffered a severe construction defect? Believe you may have been lied to, deceived or cheated by a contractor? Contact The Jones Law Firm today to schedule an initial consultation.

Call For A Free Consultation - (407) 904-4437 (Appt. available 24/7)

How Do Contracts Or Subcontractors Not Notice Latent Defects?

Latent defects are not as easily identifiable. These are defects that go unnoticed for some time because they are hidden—perhaps within walls or simply out of view. Over time, however, their consequences can be just as devastating. Even the most responsible builders might not be aware of them when they occur.

Many builders present themselves as general contractors handling everything, but in reality, they often hire multiple subcontractors to do the actual work. Even if you’ve researched your general contractor and verified their reputation, you might still be dealing with layers of subcontractors.

Some of these subcontractors may be unlicensed and uninsured, leading to poorly built homes. Sometimes, these practices border on outright fraud.

Is Your Contractor Pulling The Wool Over Your Eyes With Deceptive Trade Practices?

Deceptive trade practices may not involve a physical defect, but constitute a very real problem in the construction field in Florida. For example, if a contractor price gouges you in terms of the equipment and materials that they used when building your home, that is a deceptive practice.

Florida law requires contractors to begin a project within a certain time frame after receiving payment—usually 30 or 90 days. However, some contractors take the money and disappear or take years to complete the work.

What Are Some Examples Of Construction Defects?

Construction defects can ruin what is supposed to be your refuge—your sanctuary. Some particularly problematic or common defects include obvious issues like:

• Leaking roofs or ceilings
• Poor construction, leading to mold infestations
• Improperly designed homes
• Improperly designed swimming pools and spas
• Foundation issues
• Water intrusion problems
• Structural deficiencies
• Roofing defects
• Electrical system malfunctions
• HVAC (heating, ventilation, and air conditioning) issues
• Plumbing defects
• Issues related to exterior finishes
• Failure to obtain proper building permits
• Unlicensed Construction activities

However, construction defects can also arise in less-expected situations, such as problems on a yacht. Yachts can be considered a home, and they, too, can be severely impacted by construction or contractor defects. Fortunately, the same Florida laws that govern your residence can apply to your ship as well.

ADD Construction Negligence And Construction Injury issues

When You Suffer a Slip And Fall Injury or Wrongful Death , you can call on us and schedule a Free Case Review.

Examples of construction negligence could include:

• Poor instructions from your superior that place you in an unsafe situation
• Unsafe or run-down tools and equipment
• Equipment or vehicle malfunction
• Unsafe working conditions
• Insufficient training for a hazardous environment

How Do I Make A Construction Defect Claim Or Lawsuit?

Construction defect claims, cases, and lawsuits can be challenging in Florida. First, our state has a process you have to complete when it comes to construction defects called Chapter 558.

This law states that any lawyer or homeowner must give a contractor a reasonable notice, often a 60-day time period in which to cure the problem. This gives them a chance to fix the issue, replace the problem, or just return their money.

In theory, Chapter 558 represents a good faith opportunity for parties to work out an issue before it goes to court, which adds to the considerable burden of cases.

Despite this, contractors still regularly ignore the 558 notices. When they do, you have to file a claim in court or go through arbitration, depending on the terms of your contract.

What Is The Role of Expert Witnesses In Construction Defect Lawsuits?

You can have the best lawyer in the world, but if they do not consult with experts, you will not get very far in court. A lawyer can wear their very best Italian suit, go up there and be the best trial lawyer, but without experts, they are firing blanks.

If the lawyer is the gun, experts are the ammunition he or she needs in court to win the trial. You’ll need credible and certified experts such as HVAC experts, concrete experts, roofing experts, or even general contractor experts to make your case.

You want your expert to thoroughly inspect the alleged defects and document them in an expert report to support your claim. Insurance carriers often rely on such evidence, and it may encourage them to settle or resolve the claim during mediation.

Just as shoddy builders may have caused your issues, if your lawyer takes shortcuts or fails to engage credible experts—especially those with solid reputations—your case could be jeopardized.

A credible expert plays a crucial role in building your case. They can testify about the defects, educate the judge, and provide the leverage needed to get insurance companies to settle and ensure the problem is resolved.

Attorney Eric Jones is a former United States Army Officer with an impressive track record in and out of Florida courts. He has won multiple large compensation cases for Florida homeowners and businesses alike, with many more successful settlements under his belt. Guided by patience, faith, and a belief in the power of truth and justice, he shares his hard-won wisdom to help resolve construction defect claims.

Has your Florida home suffered a severe construction defect? Believe you may have been lied to, deceived or cheated by a contractor? Contact The Jones Law Firm today to schedule an initial consultation.

Call For A Free Consultation - (407) 904-4437 (Appt. available 24/7)

What Are Some Examples Of Construction Defect Claims?

Each construction defect claim is unique – but patterns do emerge, especially in Florida:

• A family dealing with a mold-infested home that leads to respiratory problems.
• A national company installs a faulty HVAC system, leaving a family to cope with Florida’s heat with only fans.
• A large retailer refers a negligent contractor to a business owner, and the retailer can be held liable for the referral.
• A contractor lied regarding the design and installation of its workmanship, products, materials and services that it performed in a home.

In some cases, these flaws are intentional, with companies cutting corners knowing homeowners have limited recourse. This reality underscores the importance of timely legal action.

Why Do So Many Builders Get Away With Defective Constructions?

While a successful construction defect claim can lead to significant compensation, it’s challenging for many clients to endure the years it takes to fight in court.

In the past, a letter from your attorney might have been enough to resolve these issues. Today, however, you often have to file a lawsuit to prompt action from insurers or builders.

While your home is deeply important to you, for insurers, it’s just another business transaction. They know that many people don’t have the time or resources to retain law firms for a lengthy fight, so they often think they can get away with it.

As a result, homeowners might delay taking legal action or try to mitigate the damages themselves. However, instead of paying a law firm a smaller amount upfront, they may end up paying much more to rebuild their home or make necessary repairs later on.

Worst of all, by the time you decide to pursue legal action, many of these builders may have reincorporated under a different name or gone out of business entirely, making it difficult or even impossible to hold them accountable.

How Do Florida Employment Practices Contribute To Construction Defects?

In Florida, many contractors hire migrant or undocumented workers, often paying them low wages, sometimes by the day. These workers are frequently brought on without adequate training, credentials, licenses, insurance, or workers’ compensation.

If these workers are going to be on job sites, they should be licensed, insured, and covered by workers’ comp for everyone’s safety and benefit. Unfortunately, when unscrupulous builders hire workers under the table, prioritizing cost savings over proper procedures can lead to significant consequences for everyone involved.

For example, when a contractor fails to ensure that employees have workers’ comp, if a worker falls and suffers a serious injury, like a broken back or leg, they may be left without any disability coverage or compensation, forced to recover without the support they need.

How Do Fraudulent Liens Contribute To Florida Construction Defect Problems?

Another contributing cause and consequence of Florida’s construction defect problem is liens. Typically, liens are debt obligations placed on a home or property to ensure owners pay what they owe for construction or renovation. Unfortunately, fraudulent liens are becoming more common in Florida.

These fraudulent liens occur when contractors, aware that they did poor or shoddy work, claim exaggerated payments and threaten to repossess the home if the owner does not pay.

They might file a lien against the property, claiming you owe them a certain amount of money—often exaggerated—or that they used specific materials, which may also be falsely represented.

This puts pressure on homeowners to pay, knowing that if they don’t resolve the lien, they’ll have to fight it in court, incurring attorney fees and costs, or risk losing their home.

Now, you’re left with a poorly constructed house and a lien on it—a situation no one wants to face. Fortunately, the Florida Unfair and Deceptive Trade Practices Act is designed to protect consumers from such predatory practices.

How Can You Fight Back Against Construction Defects And Fraudulent Liens In Florida?

Under the Florida Unfair and Deceptive Trade Practices Act, if you successfully prevail at trial, you can recover not only your costs and damages but also your attorney’s fees.

To achieve this, you must prove—with the help of your attorney—that the builder or their business engaged in fraud, deception, or misrepresentation to deceive you into the contract.

For example, in one case our firm handled, a builder promised a client a specific type of pool, but the client was billed $320,000 for a pool that experts later assessed to be worth less than $100,000.

Worse still, after paying such a large sum for a defective pool, the client discovered that it was causing the foundation of her million-dollar home to collapse.

Behind her back, the builders had modified the contract and used inferior materials and techniques, ultimately leading to the collapse. They even attempted to cover up the evidence, but through discovery and investigation, the truth came to light.

As a result, the jury awarded her a significant compensation package, covering all costs and fees.

Why Is It Important To Identify Construction Defects Early?

To identify construction defects, homeowners or business owners must rely on their observations to detect any faults as soon as possible.

When you notice construction defects, especially in a new or recently remodeled home, you have a legal duty under Florida law to report them immediately. This responsibility is known as the duty of mitigation.

Mitigation law requires that you take prompt action—you can’t simply wait for the defect to be repaired on its own. You must notify the builder or general contractor of these defects right away, and it is essential to do so in writing.

Unfortunately, verbal notifications are not sufficient; if it’s not in writing, under the law, it’s as if it was never said.

These documented exchanges are crucial evidence for your lawyer and are often the first thing they will request. Your written complaints and the builder’s responses can sometimes serve as sufficient proof of a defect.

What Is The Role Of Experts In Detecting And Proving Construction Defects?

Another effective way to prove construction defects is through the intervention and testimony of experts. Unfortunately, both sides in a dispute will typically hire their own experts.

To strengthen your case from the outset, it’s crucial to engage the best experts you can afford to identify the defects and produce thorough pre-litigation reports.

These experts will conduct on-site inspections, leveraging their credentials and experience. They’ll take detailed notes, capture photographs, analyze the situation, review permits, and compile all of this information into a comprehensive expert report.

Your lawyer can then use these reports as essential evidence in litigation. Without solid expert reports that accurately identify the construction defects, you’re essentially shooting in the dark.

Just as working with sketchy contractors or inferior materials leads to construction defects, working without qualified experts—or without an attorney experienced in construction defect claims—can set you up for failure.

Building a strong foundation with expert-identified defects and well-analyzed reports is crucial; otherwise, there’s a risk that your case could be dismissed outright.

Attorney Eric Jones is a former United States Army Officer with an impressive track record in and out of Florida courts. He has won multiple large compensation cases for Florida homeowners and businesses alike, with many more successful settlements under his belt. Guided by patience, faith, and a belief in the power of truth and justice, he shares his hard-won wisdom to help resolve construction defect claims.

Has your Florida home suffered a severe construction defect? Believe you may have been lied to, deceived or cheated by a contractor? Contact The Jones Law Firm today to schedule an initial consultation.

Call For A Free Consultation - (407) 904-4437 (Appt. available 24/7)

What Are My Chances Of Winning A Construction Defect Claim In Florida?

A good lawyer—any lawyer worth their salt—will always tell you that there are no guarantees in any case. However, a great lawyer will go a step further by educating you throughout the process. They will take the time to sit down with you and explain the relevant laws from the start.

You deserve to see examples of expert reports used in other legal actions and to fully understand what an interrogatory and a request for production are.

Your chances of success are greater when you’re involved from the start of the process. At our firm, it’s important to us that you review drafts and sign off on them, rather than entrusting your future solely to a team of paralegals.

What Can I Do To Improve My Chances In A Construction Defect Claim?

In addition to working closely with your lawyer and staying informed and active throughout the case, there are key strategies that can improve your chances:

• Practice your depositions with your attorney so that you are well-prepared.
• Be realistic about your chances—avoid being overly pessimistic or optimistic. Don’t ignore the challenges, but also don’t overlook the strengths of your case.
• Always keep all contracts—never discard paperwork, and ensure you have hard copies of everything.
• Keep all receipts, whether they were for your own purchases or for items a contractor purchased and invoiced to you.
• Maintain all communications, including text messages, with builders, general contractors, subcontractors, or individual employees.
• Start with the end in mind—prepare everything (including yourself) as if the case will go to trial. While most cases settle before trial, being prepared makes it more likely that contractors or their insurance will choose to settle.
• Avoid going directly to the media—this should be a last resort, used only in cases of extreme unethical behavior or public danger. Always work with your lawyer to try to mediate or resolve the issue first before resorting to drastic measures.
• Don’t cut corners like your contractor may have done.

Construction defect cases—whether involving business owners or residential properties—impact the public. Unlicensed, uninsured contractors who do shoddy work or try to take advantage of homeowners affect everyone, including through increased insurance rates.

Remember: your case is bigger than just you; you are not the only homeowner who has faced this situation.

How Expensive Is A Construction Defect Claim Or Lawsuit?

Lawsuits are expensive—there’s no denying that. You don’t want to waste money or time on a frivolous or baseless one. However, sometimes a lawsuit is the only way to obtain justice and recover substantial losses. The cost involved means you must proceed carefully and select an attorney who can genuinely help you win.

Given the expense, it’s crucial to try to mediate and resolve the claim without a lawsuit whenever possible. This is exactly what Chapter 558 in Florida is designed for—a good faith opportunity for both parties to sit down and work out a resolution.

Instead of immediately filing a lawsuit, you should always explore mediation first. In fact, even if you skip mediation initially, the court will likely order both parties to mediate at some point, so it’s wise to try it from the outset.

Unfortunately, if the other party decides to be stubborn, they may flat-out deny everything and use every tactic to delay the process. This can extend the entire process to three to five years. That’s why the best strategy is to engage the most credible experts to pressure the other side into settling the case sooner rather than later.

If you can help cover the costs, which can be substantial with all the depositions and expert opinions, your attorney may be able to offer a flat-rate agreement.

By paying all of your costs upfront, you avoid runaway attorney fees and gain a sense of certainty. This allows you to make an informed decision about whether to pursue a lawsuit. Ultimately, you and your lawyer can work toward a contingency fee arrangement.

Still Have Questions? Ready To Get Started?

For more information on Common Construction Defects And How To Address Them, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 904-4437 today.