Legal Question in Construction Law in Florida

Hello,

We own a condo in Florida, that we've had for 10 years. We found out through an upstairs unit's leak that there has been a drywall nail that has been punctured into a vertical kitchen drainline, serving a four unit "stack" since the place has been built in 1984. This has been causing moisture behind the drywall. There is also mold behind our kitchen cabinets on another wall directly underneath the upstairs leak.

The job will be huge, and the Association is backing out of paying by saying that we remodeled the kitchen, and therefore responsible. We have not remodeled, and there are no permits recorded by previous owners. What are our options? Thank you.


Asked on 6/29/14, 7:34 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

The statute of limitation for a construction latent defect is 10 years in Florida, so the time to go after the contractor has well pass. The main question is whether the area in question is to be insured and maintained by you or by the association in accordance with the governing association bylaws and covenants. If by the association, you can submit a claim to their insurance carrier. If the area was to be insured by you, you can submit a claim to your insurance carrier. Once this is done, whichever carrier you submit to, they will likely suborgate the claim and pursue the upstairs neighbor that had the leak.

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Answered on 6/29/14, 10:27 pm


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