Legal Question in Construction Law in Florida

Unsatisfactory Home Construction

Last year we had a house built, which took over a year to complete.Throughout each phase of construction,I pointed out serious descrepancies that seemed to pass the inspections.The trusses had to be reconstructed several times.The roof is out of alignment and flawed in many areas.Water seeps into the concrete walls of the garage and around most of the window.The company has been working to ''resolve'' these problems for over five months and they recently discovered serious fractures and cracks on the exterior of the house which they caulked and painted.My wife has missed so much work awaiting repairs that it is becoming a financial burden.The company rarely returns our calls and the subcontractors that I've talked to all agree that this company has been putting the screws to several home owners in the area (plus they blame each other, so nothing gets done).The AC blew during month 2 because of electrical problems(they blamed us). The BBB lists this company as unsatisfactory.The list goes on. I have contacted the main office via email, and that seems to get their attention, but they're handing out false promises. We have 7 months left on the warranty and I think they're dragging their feet to let it expire. What are my options?

Thx


Asked on 2/10/05, 5:51 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Unsatisfactory Home Construction

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Florida Chapter 558 is convoluted and generally provides strict requirements for placing a contractor on notice before a homeowner can maintain a defective construction claim. One of the requirements is that the homeowner must reasonably detail all of the defects in writing. This can usually be done by hiring experts and also helps avoid you missing any defects that you were not evnen aware of. At that point the contractor will have so many days to place all of his subs on notice and to advise the homeowner of whether the contractor will pay for the defects or whether the contractor will fix the defects, or elect another option. Should you need to further discuss your case, my practice is almost exclusively related to construction litigation. If not then I recommend that you contact a local attorney to insure that you satisfy all of the formalities to preserving your rights. Best of Luck,

Randall Gilbert

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Answered on 2/10/05, 6:54 pm


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