Contractor Negligence and Construction Defect: Know Your Rights
When you hire a contractor to work on your house, you donβt expect it to end in disaster. However, a contractor failing to meet the basic standard, leaving your home unfinished and unsafe, happens more than youβd think.Β
From faulty foundations, leaking roofs, and improperly sealed windows and doors to plumbing and electrics not up to standard, the construction defect of a home is a very stressful situation to find yourself in.
When contractors cut corners, not only does your home not look right cosmetically, but it becomes a health and safety hazard. Sadly, it can be the homeowner who ultimately pays the price.
No one thinks it will happen to them, but if it does, youβll need to know your rights.
What is construction defect and contractor negligence?
Construction defect is any deficiency in the design or construction of a building or structure resulting from a failure to design or construct in a reasonably workmanlike manner and/or in accordance with the clientβs reasonable expectation.
Deficits can result in loss of use, diminution in value, and extra expense to correct the defects. These are called passive defects. Dangerous defects, on the other hand, have the capacity to fail, which could result in physical injury or damage to the property.
Contractor negligence refers to the failure of a contractor or construction professional to meet the expected standard of care and skill in performing their contractual duties.
Examples of construction defects include:
- Structural integrity
- Faulty electrics
- Mechanical issues
- Thermal/ moisture protection
- Faulty sealing of windows, doors, and glass.
- Finishing defects
- Improper plumbing work
- Water intrusion (this can lead to property damage and exposure to toxic mold)
There are various deficiencies that can arise during construction. These include design deficiencies (architect or engineer design failures), material deficiencies (defective or damaged building materials), construction deficiencies (poor workmanship), and operational and maintenance deficiencies (failure of the homeowner to maintain the home.) Sometimes a lack of inspection and supervision is the cause of the defect.
Some construction defects can be seen immediately, for example, a burst water pipe. Others are only apparent after years, such as shifting foundation.
What can you do if you are the victim of a construction defect?
The statute of limitations in Florida for construction defects is 4 years. That means that any lawsuit for construction defects must be brought to court within 4 years of the project ending.
If you discover damage to your home following a contractor completing work that’s not from normal aging or wear and tear, you may be able to file a construction defect claim.
Step one in rebuilding your home
Why should you be the one to suffer the consequences of the contractorβs negligence? You held up your end of the bargain, and the contractor should, too.
Trust the team at Boggs Law Group to put things right.
Let us advocate on your behalf in your fight against construction defects.
We can help you to receive the maximum compensation you deserve. After all, youβll need it to restore your home to its former glory.
We will start by reviewing your case to help you through the process. Then, we will make sure that you understand your rights under your construction contract and your legal options. Finally, you can get to work by rebuilding your home β the right way!
At Boggs Law Group, we are experts in managing claims that give homeowners their homes back. You can depend on the hardworking, experienced, and dedicated team at Boggs Law Group because we are here to help. We are committed to fighting for what our clients deserve.
Get in touch to schedule a free consultation. We are happy to answer any questions you may have and we will talk to you about your construction defect claim. Call us to find out more.