Legal Question in Construction Law in Florida

Re: Construction not to code

What they have told you is Bull "Stuff"

If the entire area was built in a similar fashion, you might consider getting a few of the neighbors together to pursue this as a group. You should see an attorney for this as such claims are not easily brought or won.

Some attorneys will handle a construction claim like this on a contingency fee basis, but that can be hard to find sometimes. We handle cases only on a contingency, so if you want to pursue this further, feel free to contact me.

Re: Construction not to code

As far as against the contractor there may be a cause of action for either negligence or breach of contract for the latent and defective construction. However as far as the building inspectors are concerned, in Trianon Park Condominium Ass'n. v. City of Hialeah, 468 So.2d 912 (Fla. 1985), the plaintiffs were condominium unit-owners seeking damages against the City of Hialeah building inspectors for negligence in inspecting their condominium building and certifying it for occupancy. The supreme court held that unless the plaintiffs could show that the city owed either an underlying common-law or statutory duty of care to the individual condominium owners with respect to the alleged negligent conduct, there could be no governmental liability for this negligence. The Trianon plaintiffs argued that the city owed them a statutory duty of care to properly inspect construction projects pursuant to Chapter 533, Florida Statutes; that the inspection laws were enacted for the protection of individual citizens as well as the general public. The supreme court, however, determined that Chapter 533 was enacted only for the purpose of protecting the health and welfare of the public in general, and was not intended by the Legislature to create a governmental duty of care to individual property owners. Finding no statutory or common-law duty of care owed by the city to the individual property owners to inspect their building and issue certificates of occupancy, the court held that the city could not be held liable for any negligence in the performance of these acts.

Good luck,

Randall Gilbert

http://www.theconstructionlawyers.com for more helpful articles.