When a building or home is constructed, one hopes that it is built in the manner it was planned and with the materials listed. However, sometimes issues arise in the construction process, causing the need to make changes to the original plans or replace materials with other similar materials. These alterations may seem minor; however, they could be significant enough to generate problems in the overall construction project. Whether it resulted in something that wasn’t asked for or a defective construction, when a construction defect is asserted, it could result in a major legal dispute.
Claims of construction defects
According to recent reports, the Faena House condo association filed a lawsuit in Miami against more than 20 firms as it relates to construction defects. The condo association is suing for damages that amount to $30,000, claiming various construction defects, such as cracking in the stucco, the slow circulation of hot water and poor plumbing.
It is further stated that the condo association inherited these issues when the developers handed over their ownership back in 2016. This building is an 18-story residential tower that has 47 units that range from $2.5 million to $34 million.
Liability for construction defects
Establishing liability for construction defects could occur in various situations. First, they could be due to negligence. This typically means that reasonable care was not used in the construction process. It could also be due to a breach of contract, such as breaking obligations laid out in the construction contract. Much like this, there could also be a breach of warranty, which means that certain parts, products or components have a warranty to work properly for a set period of time.
Strict liability could apply in cases where a building or home is deemed uninhabitable. This is because there is an implied warranty of habitability. Other causes for liability for a construction defect include fraud and negligent misrepresentation. This is when a developer intentionally misrepresents the quality of the construction or misrepresented information to the homeowner when making an assertion when they had no reason to believe the information was true.
A construction defect could mean the difference between the planned building being constructed perfectly and the building being non-functional because mistakes were made in the overall design. When these issues arise, it is important that one is able to properly address them, evidencing that such defect exist. Legal actions are available to not only prove defect, but to also reach a resolution that could help address the damages suffered.
