Construction firms working in Florida are subject to many different regulations. They have to adhere to state building codes and also local ordinances such as zoning. Construction businesses must also strive to fulfill the terms of the agreements they reach with their clients.
People hiring construction firms for remodeling, renovation or new construction projects often have very specific standards. They may insist on building as close as possible to a body of water, for example. Occasionally, those clients may come back to the construction firm later with allegations that there were significant defects with the project.
Water incursion complaints are a leading cause of construction defect lawsuits in Florida. Is a construction firm always to blame for water incursion issues?
Many factors may lead to water incursion
In some cases, construction firms may be liable for water incursion issues at a property. Agreeing to build at a location that does not pass a perk test, for example, could lead to Easily predictable issues with water incursion after rainstorms.
Construction firms could also be responsible in cases where mistakes during waterproofing cause water incursion later. Issues with raw materials, corners cut during key stages of the construction project and location issues could all potentially lead to a degree of liability for construction firms if there are water incursion issues later.
That being said, sometimes construction firms agree to complete projects in less-than-ideal circumstances. Frequently, those seeking high-end construction for dream home projects may insist on certain features despite warnings made by the construction company they hire. In such cases, construction firms may need to have the clients fill out waivers affirming that they are aware of the risks and want to proceed with the project anyway.
Other times, the company may have taken reasonable steps at the time, but changes in local weather patterns or the erection of other buildings nearby have drastically altered the situation. The more information there is about how the company handled the project and what information the client had about the risk of water incursion, the easier it may be to push back on claims that the company is liable for an issue with the final product.
Reviewing communication with a client and initial contracts with a skilled legal team can be beneficial for company leaders responding to construction defect claims. Water incursion issues can be very costly to address, making prior protections potentially critical for a company’s long-term financial success.
