There are many types of problems in construction that can lead to dangerous structures. This is particularly true in Florida, where any weaknesses are especially dangerous when storms move through an areas or there is long-term exposure to the temperature and humidity extremes of South Florida’s weather. When a person has contributed or caused the construction defect, it is critical to take immediate action to enforce a property owner’s rights.
People who have lost their homes or their livelihoods as a result of construction defects need efficient and effective recourse. The skilled and knowledgeable Miami personal injury lawyers at Greenberg Stone and Urbano have more than 130 years of collective experience in getting justice for our clients who have been wronged through another person’s negligence. Our goal is to build a strong case against the individuals or companies responsible for the construction defect.
There are many different problems that can arise as the result of faulty construction, including:
• Water leaks;
• Mold growth;
• Roof collapse;
• Unsafe stairs and walkways;
• Foundation cracks; and • Any other defect that compromises the stability or long-term use of the structure.
When a contractor or builder has caused the problems with the residence or other structure, it is possible to hold them accountable under Florida law. The people who often are responsible for the construction defects include the general contractors on the project, the subcontractors, and any tradespeople who were brought in to pursue specific tasks on a project site. In certain cases, there may be liability imposed on the manufacturers of products that were used in the construction of the structure.
When bringing a negligence action against a contractor, it is necessary to demonstrate the following:
• The contractor had a duty of care to the person bringing the legal action – the duty must have arisen separate from any contractual obligations;
• The contractor breached that duty;
• The breach of duty led to an injury – the person bringing the action must be the one to have suffered the harm; and • The harm was measurable.
It is important to note that a claim for negligence is the appropriate legal action when the defective actions are not directly controlled by the terms of a contract. If the faulty work was performed pursuant to a contract, then a breach of contract action is the appropriate remedy. The negligence claims must be completely distinguishable from the contract claims in order to be viable.
Negligence claims are based on breaches of legal obligations, which may be based on statutory provisions with which the contractor was supposed to comply. There also is a duty based in common law that requires a contractor to perform his obligations in a manner that will minimize the risk of foreseeable harm.
There are many difficulties in bringing a negligence action against a contractor, including satisfying the burden of proof. Sometimes, it is fairly easy to make a case, especially if there have been blatant violations of building codes. However, if the breach was based on the duty to exercise reasonable care, then it becomes a more complex case, especially as the nature of the duty has to be established for the trier-of-fact. Many cases require an expert witness to establish the standards of care. In order to hold a negligent contractor responsible for the harm that was done, it is important to retain the right attorneys.
Greenberg Stone and Urbano Works Hard for Those Harmed by Construction Defects
When there are serious problems in the construction of a residence or other structure, the consequences can be devastating for the owners. The South Florida personal injury law firm of Greenberg Stone and Urbano has more than 30 years of experience in getting the right results for our clients. In recognition of the commitment to our clients, the firm has received an AV rating from Martindale Hubbell. 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.