Construction Defect Litigation

Cases involving Construction Defect litigation involve actions by a property owner against a design professional, developer, contractor, or subcontractor relative to damage to, or loss of, real or personal property caused by a construction defect.  The statute governing Construction Defects is section 558 of the Florida Statutes, and the statute defines a “Construction Defect” as “a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property arising from:

  1. Defective material, products, or components used in the construction or remodeling;
  2. A violation of the applicable codes in effect at the time of construction or remodeling;
  3. A failure of the design of real property to meet the applicable professional standards of care at the time of governmental approval; or
  4. A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction.

Certain statutory steps are required prior to the initiation of a Construction Defect case.  Also, in some cases, in addition to the underlying damage to the property, you and your family may suffer personal injuries and/or health complications due to the construction defect.  Some examples are more apparent than others.  A construction defect that causes a portion of the home, for example, to collapse and leads to injuries will require a demonstration that the home was improperly constructed, causing the collapse of the structure, but upon doing so the cause between the collapse and the injuries will likely be easier to prove.  On the other hand, where a defect allows water intrusion and the development of mold, causing any number of pulmonary complications and/or allergic reactions requires experience in proving the underlying defect, but also requires a thorough knowledge of medical issues to explain issues of cause and effect. Rest assured that the builder / contractor will utilize experienced attorneys and that their insurer will spare no expense in hiring nationally recognized experts to attempt to dispute your claims.  Consequently, it is critical that you hire attorneys who are experienced with these types of issues.

The Jackson Law Firm is experienced in handling such matters, and its attorney take pride in the attention to detail required in the prosecution or defense of such cases.  We encourage you to contact our firm to discuss your options regarding your Construction Defect case.