Construction Defects Frequently Asked Questions

There are many construction defect FAQs. Let’s go review them.

How do I know if a construction defect exists?

Many construction defects are not easily detected by non-experts. However, signs to look for are:

• window leaks
• roof leaks
• stained or cracked drywall
• ponding
• standing water in crawl spaces
• soil heave or settlement
• cracked foundations
• slabs or flatwork
• inoperable windows or doors
• cracked or settling asphalt
• insufficient heating or air conditioning
• and even electrical problems.

Additionally, stucco lawsuits are common in Florida because of defective installation by the contractor.

2. What should I do if I discover a defect?

If you find or suspect a construction defect, the best approach is to have it investigated by a professional. Wilson Reeder & Zudar have spent years learning who are the best experts in the field. If we agree to work with one another, Wilson Reeder & Zudar will retain experts on your behalf to investigate the possible defect. If the professionals do not find a defect or it is so minimal that it is not worth pursuing, you will owe us nothing. There is no risk in consulting with us. Every initial consultation is free. Reach out today.

3. What is the statute of limitations in Florida?

This is a bit of a trick question. Construction defect cases are subject to a statute of limitations and a statute of repose. The statute of limitations in Florida for construction defect cases. This generally means that you must commence an action within four years after you knew or reasonably should have known of the presence of a defect that was resulting in damage to your home. The statute of repose is ten years from the latest of several events, but generally, the latest event is when the contract on your home is terminated. The attorneys at Wilson Reeder & Zudar have been instrumental in shaping the parameters of the statute of repose in the appellate courts.

4. What is arbitration, and is it mandatory?

Arbitration is a form of alternative dispute resolution that involves a third-party arbitrator (either an individual or a panel) who decides the outcome of a case after the presentation of evidence by both sides. Most construction contracts with homeowners contain arbitration provisions, but builders can waive these, which some elect to do. Additionally, if you are a subsequent purchaser, you may be able to avoid arbitration if you desire, though the law is not entirely settled on this issue.

There are benefits to arbitration. Arbitrations are generally quicker than jury trials and require much less discovery. This means the client can get through the process less intrusively than in a trial setting. Also, arbitrations occur in a conference room before one or more arbitrators, not in a courtroom in front of a judge and jury.

Most cases resolve before trial or arbitration, but for those that don’t, arbitration is not necessarily a bad thing.

5. How do I select a construction defect attorney?

Several factors are essential in selecting a construction defect attorney. The Florida Bar requires all clients to sign a Statement of Clients’ Rights that goes over things you should consider when hiring an attorney. You should, of course, consider the experience and expertise of the attorney handling the case. Is the attorney Board Certified or otherwise qualified to handle your case? How many trials and/or arbitrations has the attorney handled? How frequently do cases go all the way to trial or arbitration? All of these factors are crucial to consider when hiring an attorney.

Also important to consider is who will be primarily handling the case. At Wilson Reeder & Zudar, the attorney you speak with at the beginning of the case will handle your case for its entirety and be available to answer any questions and speak with you when necessary.

Do You Have A Construction Defect Case?

Personal severe injuries, both physical and financial, can happen anywhere and anytime. Wilson, Reeder, and Zudar is confident that they have the knowledge and skills needed to get you the results you are hoping for. Prompt investigation into the cause or causes of an accident or injury is critical as evidence may become compromised or disappear. If you want to be represented by the best law firm for your case, do not hesitate to contact us and find out what your case may be worth.

Why Contact A Construction Defect Lawyer?

Anyone who has been through an accident or injury knows it can be a traumatic experience. No matter what kind of injury has affected you or a loved one, you have the right to pursue legal action to make it right against any person, company, or entity that is legally at fault for what happened. Our lawyers will stand by you through thick and thin until you and your family get the justice you deserve.