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Proposed bill may complicate filing construction defects suits in Florida

On behalf of Warren Gammill & Associates, P.L. | Mar 10, 2015 | Contract Disputes

Having a new house built in Florida takes time, effort and money. When all the work is completed, you should have the home that you planned for. Sadly, sometimes homeowners discover construction defects in their newly completed homes. When this happens, there are different options available to have the issues corrected. One possible option is to take those parties responsible to court.

However, there is currently a bill being proposed in Florida that, if passed, could make trying to take a builder to court more cumbersome. The bill provides that if a homeowner were to file a claim, he or she would have to specifically detail an alleged defect.

This bill is similar to bills currently being proposed in other states. The impetus for such bills is to help prevent frivolous construction lawsuits from being filed against builders. The hope is that the new laws would offer builders better opportunities to fix problems prior to winding up in court.

While such bills may be well intended, their passing into law could also prove problematic. Irresponsible builders could use the laws to shield themselves from taking prompt corrective measures. While some defects may be primarily cosmetic in nature, other defects could ultimately leave your home too dangerous to live in.

If your new home is not living up to your expectations because of defects, a Florida construction defects attorney may be able to provide you with helpful advice on how to move forward. Should a builder not take the necessary steps to fix your issues, the attorney could represent your interests.

Hopefully, by simply showing the builder that you are serious, he or she will settle the dispute promptly. Otherwise, an attorney could help you file a lawsuit in an effort to rectify the situation.

Source: The Wall Street Journal, “Nevada, Other States Target Construction-Defect Lawsuits,” Kris Hudson, Feb. 25, 2015

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