Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Filing a lawsuit after a construction defect

A building's infrastructure is something we all take for granted. Unfortunately, some buildings and houses in Florida are not built according to contract or regulations. These defects in the structure can result in a great deal of construction litigation. Oftentimes, the builder or developer will find themselves in disagreement with a homebuyer. There are also a number of cases where contractors are in dispute with subcontractors who have worked on the home.

In these cases, the party or parties responsible for a construction defect can be held liable in court and be expected to remedy the damages they caused if a lawsuit is filed. Lawsuits are often based on negligence, breach contract, fraud or breach of warranty claims.

Each of these causes of action has its own set of elements to prove. Negligence lawsuits require you to prove that the parties responsible for building your property failed to use a reasonable degree of care when working on the building and that their negligence caused the defects. When a contract is signed, both parties agree to certain terms and conditions regarding the condition of the property. When one party breaches their end of the bargain, the other party may file a breach of contract lawsuit. If a party intentionally falsifies information regarding the condition of the property, they may be sued for fraud or negligent representation. When a property is purchased, the documentation may implement warranties relating to the condition of the property in question. Failure to adhere to these warranties may result in a breach of warranty claim.

Parties responsible for the quality and safety of a property should exercise reasonable care when working on your home. If they do not, you may be entitled to file a lawsuit against them.

Source: FindLaw, "Legal Liability for Construction Defects," accessed on May 14, 2017

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