Legal Question in Real Estate Law in Florida

Re: New home with numerous structural defects

Did the builder/developer provide the homeowners with a written warranty that sets forth the responsibilities and obligations of the builder if issues like the ones described in your question arise? What does your initial contract with the builder say about your available remedies in the event the construction work was unworkmanlike or otherwise deficient? A lawyer would need to review these documents and analyze Florida law to provide you with a comprehensive view of your legal options as concerns protecting your rights and pursuing claims against the builder. The structural engineer may agree that serious problems exist and the builder may fix the problems to your satisfaction. I wouldn't bet the farm on that because (1) the structural engineer is working for the builder, not you, and (2) builders typically like to spend as little money as humanly possible on fixing problems.

Take notes of every single problem and create a paper trail by faxing and mailing (certified mail, return receipt requested) your complaint to the builder, making sure that your letter makes reference to prior times when you complained and put the builder on notice of the issues concerning your home. Seek the advice of counsel and good luck.

Re: New home with numerous structural defects

Alachua County is within a clay soil belt. If the soil was not properly checked, and if appropriate clay soils removed and replaced, your home could require underpinning, and in the most severe cases, I have seen homes that had to be demolished. Your claims against the builder, design professionals and others will depend on whether they were negligent, and also upon implied and actual warranties. You should engage an attorney right away to advise you, although it may not be time to institute litigation, you should be aware of the statutory deadlines to bring a claim, understand the warranties issued to, and be sure that you document your situation properly should litigation become the only solution.

Re: New home with numerous structural defects

You have a tough situation. First place to look is

the warranty if there is one. If not, you have

common law remedies. You should retain an expert

building inspector who can advise you as to what

is causing the problem, if anyone was negligent and

the cost of fixing it.