Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Liability for construction defects in Florida

Construction defects can be costly. Where they involve large commercial developments, the price tag for mitigating defects in construction can easily run into the millions of dollars. In the case of an undiscovered defect, if it results in personal injury or death, the financial and legal fallout can be disastrous. Whenever a defect of design or construction is present, the potential for construction litigation exists.

Liability for construction defects arises initially from contract law. The contracts between a developer and a contractor, or between a contractor and subcontractors, will govern who is responsible for creating -- and then mitigating -- a defect. The contracts will also help to determine who will cover the costs of mitigating the defects. Unfortunately, parties do not always agree on how a contract should be interpreted and disputes over liability may arise.

When a construction defect exists but goes undiscovered until there is a structural failure or personal injury, determining liability may become even more complex. Such cases no longer involve the more cut-and-dried law of contracts. Instead, they open the door to other legal remedies such as negligence, strict liability, or even wrongful death. Contractors, subcontractors and developers who find themselves on the wrong end of such cases often point their fingers at one another.

Firms that are involved in complex construction disputes involving construction defects, design defects or malpractice on the part of an engineer or surveyor should seek out the counsel of an attorney who is experienced with the nuances of Florida construction law. Construction litigation can be an expensive and time consuming process. An experienced construction lawyer can help make sure that the matter is resolved as quickly and efficiently as possible.

Source:, "Legal Liability for Construction Defects," accessed on Jan. 23, 2018

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