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What are the options when there are alleged construction defects?

On Behalf of | Dec 6, 2023 | Construction Law, Construction Litigation

Since Florida has such an agreeable climate, many activities available and is viewed as business friendly, it is a popular destination. Residential and commercial construction is big business throughout the Sunshine State and construction companies strive to take advantage of it.

When a project is completed, the objective is for all sides – the property owner and the company – to be satisfied with the outcome. However, it is not uncommon for there to be allegations of construction defects. This can be costly to the company in myriad ways and they need to know what options they have in addressing the problem.

What can the construction company do about construction defects?

According to state law, there are steps that must be taken from the outset after allegations of construction defects. Once the details of the apparent defects have been given, inspections are conducted and testing is done to determine if there is a defect, the company will give the complaining party a written response.

The written response will state what the company offers to address the defect. First, it can simply offer to repair the defect with no cost to the claimant. For example, if there is a leak in the roof, the construction company will move forward and repair or replace it, depending on the circumstances. The response will specify what repairs will be made and how long it will take.

The second option is for the company to make an offer of a financial settlement to fix the problem. The property owner’s insurance company will not be obligated to make any payments for the issue itself and any collateral damage that came about because of it. There will also be a timetable for when the payment will be made.

In some instances, there is a combination of financial compensation and repairs. This is the third option when addressing a construction defect. The claimant’s insurer will bear no obligation with this solution either. If there was an issue with the construction and people had damage to their property because of it, the company can offer to fix it and compensate them for what was lost.

Simply because there are accusations of construction defects does not mean they are true. After the contractor has done due diligence in checking to see if the claim was valid, they can dispute the claim and say they will not repair the defect nor will they pay to settle the claim. This will inevitably lead to more discord and might warrant a legal filing and defense.

Construction defect claims need to be accurately assessed

Construction companies can find their reputation called into question and face problems financially if they are said to have completed defective work and not taken the correct course of action to repair it or compensate the property owner.

Many cases can be settled amicably with an agreement to repair the defect and compensate the owner. In other cases, the contractor does not see any defect or believes that the issue came about because of something the owner did.

When dealing with these complex situations related to construction law and litigation, it is imperative to understand the law and know what avenues are available to ensure it does not escalate. If the gap between the property owner and the contractor cannot be breached, it might be necessary to go to court. In any case, it is wise to be protected to avoid long-term problems.