Construction Law

Here Are Your Options When a Construction Defect Is Leading to a Dispute

You might be thinking that litigation is inevitable now that you’ve been notified of a construction defect on one of your past projects, but that’s not necessarily the case. Florida law allows for a number of possible solutions without the need for litigation. In this brief article, we weigh your options for when it appears that a construction defect dispute may be forming. Whether you decide to remedy or dispute the claim, be sure to have one of our Miami construction dispute lawyers by your side when you make your decision. 

Offer to Remedy the Defect 

For the purposes of this article, we’re going to assume that you’ve received a notice of claim and have already conducted inspections to determine the nature and cause of each alleged defect. If you believe that your company is responsible for the defect, you can offer to remedy the defect at no cost to the owner. Florida’s right-to-repair laws outlining this process can be found here. If you select this option, you will need to provide the owner with a detailed description of proposed repairs as well as a timeline. 

Related: How to Conduct a Construction Defect Inspection in Florida

Offer Monetary Payment or a Combination of Repairs and Payment

You may also offer monetary payment that will not obligate the owner’s insurer, or you can offer a combination of repairs and monetary payment — Remember, the law is on your side. “The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners.”  Alternatively, you can offer monetary compensation that will be determined by the owner’s insurer; however, there’s no telling if the owner will accept this offer. In fact, there’s no telling if the owner will accept any of the offers previously mentioned. Once an owner rejects an offer, they can then take legal action.

Related: Consult a Construction Defect Attorney Before Exercising Your Right to Repair

Dispute the Claim 

You may have no control over whether an owner accepts or rejects an offer, but you have full control over your own actions, which is why disputing the claim may be in your best interest. If you’ve conducted an inspection and believe that your company is not responsible for the defect, you can submit a written statement disputing the claim and prepare for any legal actions that may follow. 

At Cotney Attorneys & Consultants, our team can guide you through the entire claims process, including litigation, if an owner elects to file a lawsuit. We are adept at defending our clients against groundless claims. If you’ve been accused of a construction defect, weigh your options with the assistance of a Miami construction litigation lawyer who can ensure you don’t end up paying for a defect you didn’t cause. 

If you would like to speak with a Miami construction litigation lawyer, 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.