Construction Law

4 Crucial Steps for Defending Against Construction Defect Claims featured image

4 Crucial Steps for Defending Against Construction Defect Claims

The unfortunate truth is that construction defect claims are par for the course in the construction industry. Few contractors have avoided the hassle and headache of dealing with a claim. For this reason, it’s important for your company to be prepared in the event that it’s notified of a claim. By following the four steps outlined below, your company can put itself in the best position possible to defend itself against one of the most common legal threats in the industry. For a legal ally who can protect your company from baseless defect claims, consult a Jacksonville construction defect lawyer with Cotney Attorneys & Consultants. 

1. Review Your Contract

Hopefully, your company has completed this step long before receiving notice of a construction defect. Our attorneys will tell you that construction contracts are among the most important determinants of responsibility when a defect is discovered. If you’ve been accused of a construction defect, our team of attorneys can review your contract to determine which party, or parties, bear responsibility. When our law firm gets to work on defending your business against construction defect claims, the construction contract will be the first thing we look at.

Related: How to Conduct a Construction Defect Inspection in Florida

2. Quality Control 

Your team should already have an effective quality control program in place. As part of this program, a quality control committee ensures that quality standards are being met and contract requirements are being fulfilled. They do this, in part, by conducting regular inspections and testing, so issues that lead to defects can be discovered early and quickly mitigated. 

3. Follow Florida Defect Law 

Although the above steps are essential for preventing defects and disputes, they can in no way guarantee that you won’t one day be notified of a defect on one of your past projects. When that happens, it’s time to review Florida defect law. Under Florida Law, a defect claim may be dismissed if filed after a certain time period. Alternatively, you may be entitled to an opportunity to repair the defect thanks to Florida’s right-to-repair laws. Florida law has a number of rules and requirements that must be carefully considered when defending against claims, which is why step four is so important. 

Related: Florida’s Shifting Statute of Repose Laws

4. Work With an Attorney 

Throughout the claims process, there are a number of factors that could tip the scales in your favor or in favor of an owner or general contractor. The party that comes out victorious will be the one that reviews the contract and follows Florida law to the letter. A Jacksonville construction defect lawyer with Cotney Attorneys & Consultants can help determine not only where responsibility for a claim lies but also whether that claim is even valid. 

If you would like to speak with a Jacksonville construction attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.