Discovering a leak, cracked stucco, or poorly completed renovation can be frustrating for any homeowner. Beyond the cost of repairs, figuring out who is responsible and what to do next can quickly become overwhelming.
Construction defects aren’t limited to newly built homes. Problems can also arise from renovations, roofing projects, window installations, and other home improvements.
Jennifer Englert, founder of The Orlando Law Group, recently joined Louis Meyer on the Off the Record podcast to discuss common construction defects in Florida and the steps homeowners can take when something goes wrong.
What Are Common Construction Defects in Florida Homes?
Florida homeowners encounter a variety of construction-related problems, particularly those involving water intrusion.
Some of the issues discussed during the podcast include:
- Stucco defects: Cracking and problems where stucco meets roofing or windows.
- Roofing problems: Defective roofing work that can lead to leaks and water damage.
- Improper window installation: Poor sealing or installation that allows water into the home.
- Plumbing defects: Plumbing problems that can result in significant water damage.
- Home improvement issues: Problems involving solar panel installations, pool construction, and remodeling projects.
These issues may occur in new construction, existing homes, or properties undergoing renovations.
What Should You Do If You Discover a Construction Defect?
When homeowners discover a potential defect, their first instinct is often to fix the problem immediately. However, taking action without properly documenting the damage can create challenges later.
-
Document the Damage
Take photographs and videos of the affected areas as soon as you notice a problem.
This is particularly important when dealing with water intrusion, where damaged flooring, walls, or other materials may need to be removed.
Even smaller incidents, such as an overflowing air conditioning pan or a minor plumbing leak, are worth documenting. Keeping records of previous water damage may help clarify the source of future problems.
-
Preserve Important Evidence
One of the biggest concerns discussed during the podcast was the loss of evidence during repairs.
Homeowners understandably want water damage or other serious issues addressed quickly. However, removing damaged materials before documenting their condition or allowing appropriate inspections can complicate a potential construction defect claim.
-
Bring in Qualified Professionals
Identifying the source of a problem is an important part of determining how it should be addressed.
For example, water appearing beneath flooring may have originated somewhere else in the home.
Jennifer emphasized the importance of working with qualified professionals who can help identify the problem, determine what repairs may be necessary, and provide estimates.
-
Notify the Appropriate Parties
If a defect involves a builder or contractor, written communication is important.
For newer homes, Jennifer recommends contacting the builder or designated warranty representative when a problem is discovered. Keeping a written record helps establish when the issue was reported.
How Can You Protect Yourself When Hiring a Florida Contractor?
Construction disputes aren’t always related to the original homebuilder. They can also arise when homeowners hire contractors for roofing, renovations, solar panels, pools, or other improvements.
Before hiring someone to perform work on your property, Jennifer recommends taking several precautions:
- Verify the contractor’s license.
- Request the company’s insurance information.
- Confirm that the insurance information matches the appropriate license.
- Identify the company responsible for performing the work.
Homeowners can verify contractor licensing information through the Florida Department of Business and Professional Regulation (DBPR).
Taking these steps before construction begins can help homeowners avoid complications involving unlicensed contractors or businesses without appropriate insurance.
Can You Hire Another Contractor to Fix Defective Work?
When a contractor performs unsatisfactory work, homeowners may understandably want someone else to complete the repairs.
However, Jennifer explained that notifying the original contractor and giving them an opportunity to inspect the problem can be an important step before removing or replacing defective work.
She also discussed documenting the proposed repairs, obtaining estimates from another contractor, and communicating those details to the original contractor.
The terms of the construction contract can also affect how disputes and repairs should be handled.
What Happens If a Contractor Places a Lien on Your Home?
Construction disputes sometimes continue beyond the original repair problem.
For example, a contractor may place a lien on a property when a payment dispute arises, even when the homeowner believes the work was performed improperly.
During the podcast, Jennifer discussed the importance of addressing potentially fraudulent liens rather than ignoring them.
An unresolved lien may become an issue when a homeowner attempts to sell the property. Depending on the circumstances, an attorney may be able to help investigate the lien, challenge it, or work with the title company and its legal representatives to address the problem.
When Should You Contact a Florida Construction Defect Attorney?
Construction defect disputes can involve multiple parties, including builders, contractors, subcontractors, manufacturers, and insurance companies.
The appropriate next steps may depend on the construction contract, available warranties, the nature of the defect, and the evidence that has been preserved.
Florida also has legal deadlines that may affect construction defect claims, making it important to investigate problems promptly rather than allowing them to go unresolved.
An attorney can help review the relevant agreements, evaluate the circumstances, and determine what options may be available.
Protecting Your Home Starts With Being Proactive
The central message from Jennifer’s conversation was simple: be proactive when something goes wrong.
Whether you’re hiring a contractor, discovering a potential construction defect, or dealing with an ongoing repair dispute, documentation and timely action can make a significant difference.
The Orlando Law Group works with homeowners, contractors, businesses, and associations on construction-related legal matters. If you’re facing a construction defect or contractual dispute, contact our team to discuss your situation. (link to our page on the website)
Want to learn more? Watch Jennifer Englert’s full conversation on the Off the Record podcast, Florida Construction Defects Explained.