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Construction Defects and the Resulting Litigation

Construction defects are a dangerous and costly problem that plagues many communities across Florida, particularly in the Tampa area.

"Construction defects" generally refer to the wide variety of problems and mishaps that occur during the planning, construction and workmanship involved in home or commercial building. These include manmade issues like the quality of the workmanship and the craftsman who does the actual construction.

High workmanship quality can rarely overcome defective homebuilding materials and products. Some examples of defective building materials include:

  • Toxic or otherwise tainted drywall
  • Defective pipes and plumbing
  • Faulty windows and doors
  • Substandard roofing materials and tiling
  • Poorly or improperly treated lumber
  • Defective electrical wiring

When construction materials are tainted, improper or not up to code, disastrous consequences will likely follow. For a homeowner or commercial property owner, struggling with construction defect problems, construction litigation may be the only option to hold the liable party responsible to correct and repair the damage.

Who Is to Blame for Faulty Construction?

When a home deteriorates or experiences damage due to construction defects, homeowners and commercial building owners are placed in a very difficult situation. It may be tough to determine whether a worker, the product or both caused the issue.

A construction defect that leads to damage and safety issues for the homeowner can be extremely complicated. A contractor will often hire a subcontractor to do many of the smaller or specialized jobs around the residence or commercial property. These include plumbers, electricians, roofing subcontractors, landscapers, workers who lay the foundation and carpenters who handle the lumber and the drywall. Problems with the workmanship of the home can even go back to a design consultant or architect.

In most cases, an experienced investigator will be needed to track the liability of the problem and get a true grasp of the past, present and future potential for damage to the property. This investigation is especially important to find the best remedy to fix the problem and determine the costs of repairing the defective materials and resulting damage.

Water Damage Linked to Construction Defects

A large problem in dealing with construction defects is the propensity of water and moisture to enter the property. Defective roofing, plumbing and improperly treated lumber are just a few areas where water and moisture can penetrate and begin the process of mold and rot.

This is especially true in warmer climates with higher levels of moisture. Tampa is particularly susceptible to these issues when building contractors attempt to put profit before the structural integrity of a project.

Water damage from leaks and flooding not only harms the building structure, but can wreak havoc on all of the property within the home or commercial property. If moisture and leaks go undetected or unrepaired, mold will grow, bringing on another host of issues including health problems.

Hire a Knowledgeable Lawyer to Handle Construction Defects

When a home or property owner faces construction defects in commercial or residential buildings, it takes a professional to fix the problem. Even when property is replaced or restored, there's a potential for continued problems. The financial costs of a construction defect are often high. Filing suit against the at-fault party can help recover the costs of repair and replacement.

An experienced Tampa-area construction litigation attorney can handle defect litigation at every step of the process. Speaking with a Florida lawyer who has the knowledge and understanding of construction litigation is the first step in remedying construction defects.

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Feldman, Fox & Morgado, PA Attorneys at Law