Can I Sue for the Use of Substandard Materials?
On June 24th, 2021, Champlain Towers South, a 12-story beachfront condominium in Surfside, Florida, partially collapsed, causing 98 deaths and leaving 11 others injured. The use of substandard quality materials to execute construction projects is among the root causes of building collapse.
Understanding Indemnification Clauses
Construction projects involve a variety of risks for everyone involved, including the owner or developer, contractors, and subcontractors. For this reason, construction contracts typically contain indemnification clauses to shift risks from one party to another.
When the Contractor Is Way Over Budget
All across the country, construction projects continue to be on the rise and Florida is no different. In fact, in 2022, construction contributed $71 billion to the state’s GDP according to data put out by The Associated General Contractors of America, Inc. This is an essential industry, and one that both residential homeowners and private companies in Florida participate in.
My Home Contractor Never Finished the Work
Construction projects are typically capital-intensive, requiring all parties involved to enter into contracts which help solidify the timeline and what to expect throughout the process. Unfortunately, many construction projects often experience delays due to various reasons, including budget inaccuracies, labor issues, poor weather, and low-quality project management.
Understanding Alternative Dispute Resolution
Anyone who’s been involved in a legal dispute knows just how time-consuming and expensive it can be, with much of the costs stemming from legal and attorney fees. Thankfully, over the past few decades, the state of Florida has implemented new resources to help resolve these issues using something called Alternative Dispute Resolution (ADR), which utilizes mediators and arbitrators. In fact, the state now has 5,962 individuals certified as mediators, according to data put out by the Florida Courts.
Contractor Liability for Building Code Violations
In the state of Florida, there are various building codes designed to ensure that construction projects remain safe and uniform across the state. These Florida Building Codes address various matters such as construction materials, heating, ventilation, and air conditioning (HVAC) systems, plumbing systems, structural systems, and natural gas systems. Violating any of the state's building codes may result in fines, penalties, and other liabilities against the contractor or negligent party.
Actionable Claims in a Construction Dispute
Construction disputes are common in the industry and often result in substantial financial losses, project delays, and legal battles. The complexities involved in construction projects, including the timeline, scope of work, quality of materials, and site conditions, make it challenging to avoid disagreements.
Construction Defect Statute of Limitations
If you’ve just purchased a home or office building in or around Miami, Florida, and defects are surfacing that the builder will not honor, contact us at Miguel A. Brizuela, P.A. Our legal team is well-versed in federal, state, and local real estate and construction law. We will evaluate your situation and advise you of your best legal options going forward, and then fight for your rights.
Common Construction Defects
Construction defects are an unfortunate and costly reality of the building industry. These defects can range from aesthetic issues to structural and safety concerns. Whether you own a home or business, it is important to understand what qualifies as a construction defect and who can be held liable for any construction defects that may arise.