Construction Defect Litigation
Defective Construction Can Cause Serious and Costly Property Damage
When you purchase, build, or substantially renovate a property, you expect the work to be performed properly and in accordance with applicable plans, specifications, and building requirements. Unfortunately, construction defects may not become apparent until months or even years after the work is completed.
Water intrusion, cracking, roofing failures, drainage problems, structural deficiencies, and other construction defects can lead to extensive property damage and expensive repairs. Attorney Alan Blose represents homeowners, commercial property owners, and condominium associations in construction defect disputes, working to identify the cause of the damage, determine who may be responsible, and pursue the appropriate legal remedies.
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Construction Defect Claims Require More Than Identifying the Damage
Determining Why the Damage Occurred Is Often the Key to the Case
Strict Legal Windows Protect Builders if Owners Wait Too Long
Visible damage does not always reveal the underlying construction problem. Cracking, leaks, moisture intrusion, and other conditions may have multiple potential causes, and the parties involved may disagree about whether the problem resulted from defective construction, design, materials, maintenance, weather, or another source.
That is why construction defect cases frequently require analysis by engineers, architects, contractors, and other qualified professionals. Establishing the cause of the problem, the work necessary to properly correct it, and the reasonable cost of those repairs can be critical to a successful claim.
Florida law also imposes deadlines and pre-suit requirements on construction defect claims. Property owners who notice signs of potentially defective construction should have the issue evaluated promptly so that their legal rights can be identified and preserved.
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Independent Expert Evaluation
Depending on the nature of the defect, we work with structural engineers, architects, contractors, and other qualified experts to investigate the property, identify the cause and extent of the problem, and determine what may be necessary to properly repair it.
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Chapter 558 Pre-Suit Process
Many Florida construction defect claims are subject to the pre-suit procedures established by Chapter 558, Florida Statutes. When applicable, we guide clients through that process, including providing the required notice of alleged construction defects and addressing the responses, inspections, and proposed remedies that may follow.
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Identifying the Responsible Parties
Construction projects often involve developers, general contractors, subcontractors, architects, engineers, suppliers, and other professionals. We investigate the facts and applicable contracts to determine which parties may bear responsibility for the defective work or resulting property damage.
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Pursuing an Appropriate Remedy
Building Strong Construction Defect Cases
Using Expert Analysis to Determine What Went Wrong—and What It Will Take to Fix It
Construction defect cases are often won or lost on the quality of the investigation and the evidence establishing the cause, extent, and cost of repairing the problem.
When construction defects are disputed, objective evidence matters. Our firm works with independent engineers, architects, contractors, and other qualified professionals when appropriate to evaluate the work, identify the cause of the damage, and determine what is necessary to properly correct it.
We also analyze the contracts, plans, reports, photographs, inspection records, correspondence, and other available evidence to identify the parties who may be legally responsible. From navigating Florida’s Chapter 558 pre-suit process through litigation when necessary, Alan Blose and the civil litigation team at AMB Law represent property owners and condominium associations in construction defect disputes throughout Broward, Miami-Dade, and Palm Beach Counties.
What Drives Us
AMB Law Satisfied Clients Are Saying
Why Choose AMB Law for a Construction Defect Claim?
1
Experienced Civil Litigation
Construction defect cases can involve complicated factual, technical, and legal disputes. Our firm develops the evidence necessary to establish what went wrong, who may be responsible, and the damages resulting from the defective construction. When a dispute cannot be resolved, we are prepared to pursue the claim through litigation.
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A Team Approach
These cases frequently require expertise beyond the legal issues alone. Our attorneys and legal team work with engineers, architects, contractors, and other qualified professionals when appropriate to investigate the defect and develop the evidence necessary to support the claim.
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Comprehensive Case Strategy
We investigate the construction history, evaluate the available contracts and documentation, identify potentially responsible parties, assess available claims and defenses, and develop a strategy based on the particular facts of the case.
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Focused on a Meaningful Resolution
The goal is not simply to establish that defective work occurred. We work to determine what is necessary to properly address the underlying problem and pursue the damages and other remedies available to our clients under Florida law.
Don't Ignore Signs of Potential Construction Defects
Property owners and condominium associations sometimes turn first to the original contractor or developer when a problem appears. In some cases, the issue may be resolved. In others, repeated repairs may fail to correct the underlying defect, or the parties may disagree about the cause of the problem and who is responsible for fixing it.
Because Florida law imposes specific pre-suit requirements and deadlines on construction defect claims, waiting too long can affect your legal rights. If you are dealing with recurring leaks, cracking, structural concerns, defective roofing, water intrusion, or other signs of potentially defective construction, having the property and your legal options evaluated early can help identify the problem and preserve your ability to pursue a claim.
Experts in Construction Defect Litigation
Frequently Asked Questions:
Florida Construction Defect Litigation
What qualifies as a construction defect under Florida law?
Under Florida law, a construction defect may involve deficiencies in the design, materials, construction, or remodeling of a property. This can include violations of applicable building codes, defective materials or products, design deficiencies, or work that does not meet generally accepted construction or trade standards.
Common signs of potential construction defects include foundation or structural cracking, recurring roof or window leaks, water intrusion, defective stucco, drainage problems, electrical deficiencies, and issues caused by improper soil preparation or compaction. Because the visible damage does not always reveal its underlying cause, determining whether a condition is actually the result of defective construction often requires evaluation by a qualified engineer, contractor, or other construction professional.
What is Florida's Chapter 558?
Florida’s Chapter 558 establishes a pre-suit process for many construction defect claims. Before filing a lawsuit, a property owner generally must provide written notice of the alleged defects to the responsible parties and give them an opportunity to inspect the property and respond to the claim, which may include offering to repair the defect or make a monetary payment.
Because Chapter 558 includes specific notice requirements, deadlines, and procedures that can affect a construction defect claim, consulting an experienced construction litigation attorney early can help ensure the proper steps are taken and your rights are protected.
What happens if a contractor or builder ignores my Chapter 558 notice?
If a contractor, builder, or other responsible party fails to respond to a Chapter 558 notice within the applicable timeframe, denies the claim, or does not make an acceptable offer to repair or resolve the alleged defects, the property owner may proceed with litigation once the applicable pre-suit requirements have been satisfied.
At that point, our firm can evaluate the available claims, the evidence supporting the construction defects and resulting damage, and the parties who may be responsible, and pursue the appropriate remedies through a civil lawsuit.
How long do I have to sue a developer or contractor in Florida?
The answer depends on the specific facts of your case. Florida law imposes statutes of limitation and a statute of repose that can restrict how long you have to bring a construction defect claim. The applicable deadline may depend on the type of claim, when the defect was discovered or should have been discovered, when the construction was completed, and other factors.
Because waiting too long can bar an otherwise valid claim, it is important to speak with an attorney as soon as you discover or suspect defective construction. Our firm can evaluate the circumstances, determine the deadlines that apply to your claim, and take the necessary steps to protect your rights.
How Do I Schedule A Consultation?
Scheduling a consultation with AMB Law is easy. Simply give us a call at (954) 960 – 4413 to speak with our friendly staff and arrange a convenient time for you -or- schedule an online consultation.
We Are Here To Listen and Act.
We understand the fear, isolation, and uncertainty you are feeling right now. But you do not have to face the Florida justice system alone. Your consultation with AMB Legal is completely confidential and free of judgment. Speak directly with Elena and Alan, tell us exactly what happened, and let us show you how we are going to protect your future.
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