Construction Law
Construction Defects
When there is a condition or issues in a home that reduces its value, that is a construction defect. As Florida construction attorneys, we know that there are two different construction defects to be on the lookout for.
Patent Defects
In some cases, the construction defects are completely visible to the naked eye, for example, water seepage from the pipes that show on the walls. These visible defects are known as patent defects.
Latent Defects
In other case, construction defects are less visible, and can go undetected for years. These defects are known as latent defects.
What Can Cause Construction Defects?
In the construction industry, there are many different factors that can cause a patent or latent construction defect. A defect can be caused by just one factor, or a combination of several. Some factors that lead to construction defects are:
- Negligence
- Improper site preparation
- Poor workmanship
- Defective materials/equipment
- Poor site selection
Common Types of Construction Defects
There are a few construction defects that are common in the construction industry:
- Electrical systems issues
- Foundation issues (i.e., wall, roof, and floor cracks)
- Water/plumbing issues
- Drainage issues
- Landscaping/soil issues
- Mold/dry rot
- Heating/electrical issues
- Water and plumbing issues
Can Any Construction Defect Damages Be Recovered?
If a construction defect occurs, it typically depends on the facts and circumstances in the case when determining if the cost of repairs and/or the decline in the value of the home can be recovered in the form of damages.
How Can a Construction Defect Be Proved in Court?
Usually to prove a construction defect, there must be a testimony from an expert that specializes in that specific area of construction. The expert must be able to investigate the patent or latent construction defect and make suggestions on how they can be fixed.
To schedule a consultation with an experienced Florida construction attorney from Cotney Attorneys & Consultants, please call 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.