Pursuing And Defending Legal Action For Construction Defects
At Cunningham Law Firm, we have 40-plus years of hands-on experience with construction contracts and project specs. Our South Florida construction law attorneys have a solid understanding of the builder’s obligations and what the completed work should look like.
This in-depth understanding of construction law and workmanship is your advantage in disputes over construction defects. We defend contractors, subcontractors, architects and developers who are sued for construction defects. We also represent municipalities, businesses and homeowners who are pursuing legal remedies for substandard construction work. Our firm also handles surety claims relating to construction defects or nonperformance.
Holding Builders Accountable For Unsafe Or Unacceptable Work
Cunningham Law Firm has litigated a wide range of construction defect cases:
- Structural defects in walls, roofs and foundations
- Water intrusion and mold problems
- Plumbing defects (water leaks)
- Gas, electric and HVAC defects
- Soil contamination or erosion
- Substitution of inferior building materials
- Flaws in finish carpentry and detail work
One of our biggest cases involved construction defects in a $50 million public works project. We represented a municipality in a suit against a contractor who failed to properly restore the road after installing over 100 miles of storm sewer gravity collection pipe. The builder failed to follow the project specs for fill and ground compaction, resulting in egregious dips, depressions and cave-ins on the roadway that had to be amended. We have extensive experience with big projects such as roads, bridges and wastewater treatment plants.
Full Compensation For Resulting Damages
When a leaky roof or other construction defect is discovered, it is often necessary to hire a third party to correct the problem. The corrective measures can also lead to displacement costs or business interruption while the defect is remedied. Lastly, substantial defects can lower the market value of property. These are referred to as consequential damages. Builders often attempt to get owners to waive their rights to consequential damages as a condition of taking on the project.
In negotiating construction contracts, we strive to avoid such waivers to hold builders accountable for any damages that flow from a breach of construction specs. In pursuing construction defect claims, we have had some success in overcoming consequential damages waivers.
Plaintiff And Defense Advocacy In Construction Defect Litigation
In addition to representing property owners and public entities, CLF has extensive experience defending builders, developers and design professionals in construction defect lawsuits, mechanic’s liens (construction liens) and other disputes. Malcolm Cunningham and Amy Fischer have more than 70 years of combined experience in this area of law.