Property owners in Florida need to have a solid understanding of various parts of the real estate development process, particularly in regards to what contractors are obligated to do when hired to construct a residential dwelling or commercial building. Here, we take a look at implied warranties of workmanship, what they mean, and how they impact property owners and developers in South Florida.
Understanding Implied Warranties
To ensure that homes are built to a certain standard, the state of Florida has established a minimum standard of quality for all construction projects through its Building Code. This code sets forth the requirements for everything from the materials that must be used in construction to the methods that must be followed during construction.
The Building Code applies to all construction projects in Florida, regardless of whether or not there is a written contract between the contractor and the property owner. All contractors who perform work in Florida are required to comply.
Can I Hold My Contractor Responsible For Poor Workmanship?
Construction defects can be very costly and time-consuming to repair. In some cases, the damage caused by a construction defect can be so severe that the structure must be completely rebuilt. If you believe that you have suffered damages due to a construction defect, you may be able to hold your contractor liable for the consequences of poor workmanship or materials if they are found to be in violation of Florida’s workmanship code.
To do this successfully, you must be able to prove that the contractor knew or should have known that their work or materials were substandard and that they failed to correct the problem promptly. You will also need to show that the poor workmanship resulted in actual damages.
When To Hire A Construction Litigation Attorney
A construction litigation attorney can help parties involved in an implied workmanship warranty dispute by helping the plaintiff obtain evidence of the contractor’s disregard of their workmanship obligations and can help negotiate a fair settlement out of court. If the defendant won’t comply, your lawyer can litigate on your behalf to advocate for the best possible outcome in your case.
South Florida real estate attorney Joseph Hughes can provide you with comprehensive legal representation if your development or construction contractor has done poor-quality work or taken advantage of you in other ways. Call today at (954) 256-5125.