In the construction industry, construction defects are a very common source of disputes. Construction defects can be minor issues like peeling paint or loose hinges, but can also be major problems that the homeowner may not immediately detect, such as a cracking foundation, code violations, or substandard workmanship and faulty design. To recover damages, the claim usually depends on proof of one of several causes:
- Negligence
- Breach of contract
- Breach of warranty
- Fraud
Most states including Florida have a statute of limitation on filing a defect claim. A statute of repose limits the period for the filing of a lawsuit, while a statute of limitations has a cap on when a cause of action may begin after discovery of the defect.
In a cause of action, the claimant may recover several damages, including:
- Cost of repair
- Diminution of value
- Loss of use damages
- Attorney’s fees
Florida’s Right to Repair Act
Before filing a claim, however, homeowners must give the other party a chance to correct the defect. Florida offers alternatives to litigated claims by requiring the injured party to alert the responsible party of the defect and give them an opportunity to correct the defect.
Also called Florida Statute 558, the purpose of this law was to reduce the number of lawsuits that end up in court, which are not only costly but also very time-consuming. Under this law, an owner must file a written notice of claim with the responsible party 60 days before filing an action. During this period, the contractor or other party will have time to inspect the defect and repair it. The notice of claim must include a detailed and factual description of the defect, including its location, the damage done and the loss incurred.
Under the law, once the responsible party has completed the inspection, they may either dispute the claim or provide a statement that describes what they are willing to repair of the damage, or what compensation they will give. The claimant does not have to accept any of these offers.
Insurance companies
Right to repair clauses in construction contracts are also there to protect the insurer. As insurance companies direct the amount and limit of the repairs, the homeowner may not be satisfied with the result. When dealing with insurers, it is important to remember that the homeowner has a right to demand that the proposed repairs fully address the extent of damage.
For residents of Fort Lauderdale and surrounding areas, it is important to find out not only how invoking right to repair protects their rights, but also the issues that may arise once insurance companies become involved in the oversight of repairs.
