There are many different types of construction defects that can happen during a development project, but there are some unique issues that arise during the construction of a condominium property. There are three different types of defects that might arise in a condominium project, which are:
• Improper design for the project;
• Negligent workmanship during the construction of the condominium; and • Defective or faulty materials used during the construction of the property.
If there have been construction defects in the building of the condominium, then it is important to take action as soon as these problems are discovered. The knowledgeable and tenacious Miami construction defects lawyers at Greenberg Stone and Urbano have more than 130 years of collective experience in representing the interests of property owners.
When there is a condominium project, there are many different types of professionals and workers who could have caused the defective construction. These individuals include the architect or design professional, engineers, general contractors, subcontractors, trades people, and material manufacturers. Pursuant to Florida law, there are several different types of legal actions that may be brought when there are problems with a construction project. These include breach of contract claims and negligence actions. If the defects were caused by negligence outside the scope of the contract, then the legal system is going to impose liability on the individuals who were directly responsible for the work that was done.
In addition to the liability that is imposed pursuant to contract, common law, and the construction defect law, condominiums also are covered by the Condominium Act. This act provides protections in the form of implied warranties for those people who purchase condominium units from the project developer. These warranties include:
• Warranties surrounding the structural elements of the condominium, as well as the roof. The warranties run for three years from the issuance of the certificate of occupancy or one year from the date that one or more individuals take over responsibility for the association from the developer. This warranty shall not extend more than five years;
• Warranties on any improvements, commencing at the time the improvements are completed and extending for a period of three years; and
• Warranties for a period of three years for mechanical and plumbing components in the structure that serve the general building; and
• A one-year warranty that commences upon the completion of the construction on other building materials and improvements.
When there are construction defects, or property owners believe that there are defects, it is necessary to retain an expert to examine the property and develop a comprehensive report about the extent of the problems. These individuals must have the background and experience to qualify as an expert on the specific nature of the defects if the matter proceeds to trial. In addition, there are time constraints in bringing a legal action, which include a four-year period from the completion of the construction if the property owners knew or should have known about the defects. If the defects are latent, or were not readily discoverable through the use of a person’s senses, then the Statute of Limitations may be as long as ten years from the time when the certificate of occupancy was issued.
Depending on the date of the condominium construction, it may be necessary to provide the contractor with the opportunity to repair the defects prior to commencing a legal action.
Greenberg Stone and Urbano Represents Owners in Construction Defect Cases
When there are structural problems with a condominium project, it is important to take immediate legal action. The South Florida construction defect law firm of Greenberg Stone and Urbano has the skill and tenacity to build a strong case against the negligent parties. Our peers have rated us with an “AV” from Martindale Hubbell in recognition of our strong commitment to our clients. Our firm also was voted one of South Florida’s top-rated law firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an initial appointment so that we can discuss your case.