Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

What are construction defects and what can I do about them?

Construction defects can impact the value and function of a construction project so it is important to be familiar with the legal resources available to help. If you have had problems and concerns with your construction project, you may have wondered what construction defects are and what you can do about them. In general, construction defects refer to a condition of a construction project, either commercial or residential projects, that lowers the value of the structure.

Construction defects refer to a variety of problems you may encounter with the structure and may be somewhat immediately obvious, such as certain water issues, but others may not be apparent until years later. Construction defects can arise from poor workmanship or inferior materials or a combination of the two. Construction defects can result from improper site selection and planning; improper soil analysis and preparation; civil and structural engineering problems; negligent construction; or defective building materials.

The most common types of construction defects that may lead to construction defects litigation include water intrusion issues; mold; dry rot; foundation, floor, wall and roof cracks; structural failures; problems with electrical systems; problems with heating systems; faulty drainage; and landscaping and soil problems. Not only can construction defects devalue a property, they can be costly, challenging and time consuming to ameliorate.

Fortunately, construction defects litigation can help property owners struggling with construction defects recover compensation for the reduced value of their property, the cost of repairs to fix the property and, in some circumstances, the loss of use of the property because of the construction defect. Because of the significant nature of construction defects on the usability and value of a property, it is important to be familiar with legal remedies that can help and the important time limits that may apply to bring a construction defects claim.

Source:, "Construction Defect FAQs," Accessed Oct. 10, 2017

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