Legal Question in Construction Law in Florida

Re: First time homeowner with serious issues

Pursuant to Florida Chapter 558 put the contractor on notice and advise them in reasonable detail of all of your complaints disputes and disatisfactions and request that they complete. For a more detailed explanation of Chapter 558 read my article which can be found under the Article Section on my website. Good Luck,

Randall Gilbert

www.theconstructionlawyers.com

Re: First time homeowner with serious issues

(This is not legal advice)

You have a number of serious problems and you need to quickly consult with an attorney. It sounds like you have construction defect issues. In that regard, Florida Statute Chapter 558 spells out important rights relative to construction defects claims, including specific notice an opportunity to repair that you must provide to your contractor prior to filing suit against the contractor. Additionally, you have a statute of limitations issue as you have four years to bring a construction defect action. That four year period begins running from the date that you knew or should have known of the defects. You need to be very careful that you pay attention to that time line so that you preserve your rights to bring a lawsuit if necessary.

Finally, as to the mold, I can tell you that if you have had water instrusion then you likely have mold. That presents a whole different set of issues which can have serious health ramifications particularly for young children and elderly people with weak immune systems. You will likely need to have mold samples taken from your home and analyzed for the presence of mold and then potentially have your home remediated to rid it of any mold. Obviously, this can all get very expensive very quickly. In that regard, you need to act quickly to ascertain the liability insurance carrier of the contractor as that may provide coverage for you in any mold remediation.