Serious defects in construction projects can show up months or years after a project is complete.
Defects can be in the foundation and structure of the building, in the interior flooring, in the roof or in one of the other systems within a home or building.
Particularly in the case of a large project, it may be hard to identify all defects before a project wraps up even with a careful final inspection.
At the same time, these defects can cost property owners in the greater Miami and Fort Lauderdale area anywhere from a few hundred dollars and some inconvenience to a small fortune. In a worst-case scenario, a defect may render a new or remodeled home or building unusable.
This is why most construction projects have warranty provisions. Those with questions about their warranties should refer to their contracts. The basic idea, though, is that the contractor promises that their work is free of defects.
The contractor promises further that if there is a defect, the contractor will make it right at their expense. Many construction materials also come with separate manufacturer warranties of their products.
Typical construction warranties last one year after the project is complete. The one-year time limit is often negotiable, and some contractors may offer extended warranties. Warranties also typically have certain other limitations and restrictions.
To give a couple of examples, some warranties are for materials only. While this is helpful, labor often accounts for most of the cost of fixing a defect. Furthermore, many warranties also are prorated.
In essence, in a prorated contract, the longer it takes for a defect to develop, the less the contractor or manufacturer pays under a warranty.
Those dealing with a construction defect may want to submit a warranty claim
Those dealing with a construction defect should consider whether they have a viable warranty claim. However, submitting and then prosecuting these claims is often an uphill battle.
Even if a warranty claim is not available, property owners may have other options under Florida law.
