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Construction Defects

Receiving notice from a building owner who has discovered a possible construction defect can damage your business’s established reputation and have significant financial implications. You are proud of the home, office or other structure you have built, but construction projects often come with unexpected challenges that can lead to allegations of construction defects.

Our Tampa construction defect attorneys work with developers, contractors, subcontractors, engineers and other construction professionals to protect your interests in construction defect disputes.

Construction defects can occur in single family homes, multi-family homes, condominiums, large commercial buildings, planned unit developments, retail buildings, industrial buildings and more.

Allegations of construction defects can stem from the following issues:

  • leaky roofs,
  • leaking windows,
  • pooling water on the roof and balconies,
  • cracked slabs,
  • flooded foundations,
  • cracked flooring, and
  • mold and other dangers.

Florida Statute provides strict timelines as to when a suit can be filed for a construction defect. Generally, a suit must be filed within four years of the discovery of the defect. However, a suit is also required to be filed within seven (7) years of the following dates:

  • the issuance of a temporary certificate of occupancy,
  • certificate occupancy or certificate of completion, or
  • date of abandonment of construction, if construction is not competed.

The statute of repose was amended from ten years to seven years in April 2023. Due to this change, there is a one (1) year grace period provided by the statute. This grace period expires on July 1, 2024. Once the grace period expires, the new seven-year statute will govern all construction defect claims in Florida.

Florida law requires property owners who claim construction defects to notify and allow the construction professional an opportunity to make repairs before the owner can file a suit.

The construction professional then has a specified amount of time to respond and offer to make repairs or to settle on an amount of money to pay the owner. At this point, the owner can accept the offer or file a suit. We are diligent about working with our clients to achieve quick and inexpensive solutions. However, if litigation is inevitable, our skilled trial lawyers will vigorously and efficiently defend our client’s interests in court.

If your company is facing a construction defect suit, call the experienced lawyers at Lieser Skaff. Our Tampa construction attorneys can answer any questions you have about construction defects and the law.

Whatever your problem, after a thorough evaluation of your situation, a Tampa construction defect lawyer at our firm will determine how to best protect rights and reach a fair resolution.

Blog Posts About Construction Defects

Recent Amendment to Chapter 558: Presuit Notice for Construction Defects no longer the Statute of Repose

Florida Statutes Chapter 558 requires property owners to send a pre-suit notice for construction defects before suing. The ruling in Gindel v. Centex Homes provided a way to extend the statute of repose; however, a 2019 amendment to the statute effectively overruled Homes, clarifying that notices do not toll the 10-year limit.
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Businesses Beware: A Stack of Mail Can Be a Stack of Liability

Even during the COVID-19 pandemic, USPS, FedEx, and UPS continue deliveries with minor interruptions. To protect their legal interests and avoid costly consequences, businesses must stay vigilant with mail handling to avoid missing critical legal deadlines that could lead to waived rights, sanctions, or liabilities given that most courts remain operational.
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Jeff Lieser Consults with Channel 8 on Tampa’s Tempo High-Rise Construction Defects

The Tampa Housing Authority’s Tempo high-rise faces costly construction defects, including upside-down windows and water leaks that could lead to mold. Lieser Skaff attorney Jeff Lieser warns that despite THA assurances, taxpayers may bear the costly financial burden of litigating and fixing the issues.
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Tampa Construction Defect Lawyers Protecting Florida Homeowners’ Rights Under KB HOME Settlement

The Florida Attorney General’s Office settled with KB HOME after a three-year investigation related to failing to inform homeowners of building code violations and denying warranty coverage. The settlement requires KB HOME to repair homes and reimburse out-of-pocket expenses to affected homeowners.
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Tampa Construction Defect Claims: Real and Synthetic Stucco Cracks and Water Damage Caused by Improper Installation

Properly installed stucco or EIFS can last for the lifetime of the home; however, improperly installed stucco or EIFS (thin layers, improper weatherproofing, or insufficient caulking) can lead to water damage, rot, and mold. Florida homeowners must sue within four years of discovering damage, but no later than ten years post-construction, to enforce the warranty.
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