If you have suffered losses due to faulty construction by a contractor in Orlando, Florida, you can seek damages by filing a contractor claim. Construction defect claims can be filed for defects in construction workmanship, design, or any of the various structural components. A contractor may turn down your claim which leads to a dispute. Here at the VG Law Firm, we handle Orlando contractor claim disputes and ensure that you get the damages you deserve. Get in touch now to discuss your claim in detail with our construction litigation attorneys.
When filing a contractor claim for design defects, construction defects, or any kind of breach of contract, it is important to understand how these construction claims work. Here is a look at key types of insurance claims in this area and other aspects of construction claims.
Construction claim disputes can arise for a variety of reasons. They typically occur when one of the aspects of a contractor’s work does not meet the expectations or requirements of the client. The contractor or an insurance carrier may be liable for paying the claim. Some common issues that lead to construction claims include:
Architects, engineers, or other design professionals related to the construction industry may be guilty of negligence in a construction project. Such negligence can include failure to comply with client specifications, defective design, delayed resolution of issues, financial damages caused by delays, poor supervision, and more.
In general, when a professional fails to uphold an expected standard of care related to construction practice, such a claim can be brought. A construction malpractice attorney can help you file a lawsuit and recover compensation for architect malpractice or any other type of malpractice committed by construction professionals during the construction process.
Unreasonable construction delays can cause significant losses, especially for commercial property owners. When a contractor fails to deliver within an agreed time limit due to bad faith, negligence, or fraud on the part of the contractor, you have a valid delay claim. Most contractors do not accept claims related to time frame issues. You have the option of filing construction delay lawsuits to recover a fair amount of delay damages.
If a contractor commits a breach of the construction contract signed by you and the contractor, you can seek damages. Contract disputes are resolved relatively quickly as contractor negligence is easier to prove. However, the actual timeline can vary from case to case.
Other types of construction disputes are related to breaches of warranty or construction liens. Here is a more detailed look at these types of disputes.
When a party provides services and materials for real property but is not fully paid, it has the legal option of bringing a lien against that property. This kind of a lien is known as a mechanic’s lien and its governing laws are defined in Florida Statutes Section 713.01. Such a lien can be brought by contractors, laborers, subcontractors, and material suppliers. The lien allows the contractor to seek the foreclosure and sale of a real property to be recompensed for the unpaid amount.
However, if construction lien exaggerations are detected in the contractor’s claim, a court may reject the lawsuit altogether. You should consult reputable construction lawyers in case you face a construction lien foreclosure.
Breach of warranty is often the basis of construction defect lawsuits. It is important to distinguish between two different types of warranties that are at play in such a lawsuit. These include warranties and express warranties.
An express warranty is when the performance or reliability of a construction component is explicitly guaranteed by a contractor. Such a warranty is standard and is usually included in the written contract between you and the contractor. A breach of this type of warranty is easier to prove. This is why claims related to express warranty are usually resolved before they can be taken to a court.
An implied warranty, on the other hand, is a kind of implicit promise or guarantee that is inherent in the construction products or components used in construction. Most defective construction disputes arise due to this kind of warranty. You expect a given product to perform in a particular way and for a particular period. You expect this because of the implied construction warranty of a manufacturer.
When the product fails to perform in an expected manner due to negligent design, poor design, or any other reason, you can file a claim or lawsuit with the help of a construction defect lawyer to recover compensatory damages under the insurance coverage of the contractor.
When you are filing a construction-related lawsuit in Orlando, Florida, it is important to know how long you have to file such a lawsuit. In general, Florida has a four-year statute of limitations for lawsuits related to construction defects as per Florida Statutes Section 95.11.
This time period is measured from the date of completion of a construction contract, date of abandonment of construction, date when occupancy of a location started, or the date from which an owner actually possessed the property. Of these, the law will consider the most recent event and then measure the statute from the date of that event.
However, many hidden construction defects become known months or years after the events noted above. In such a case, the law measures the statute time period from the date when you discovered or should have known about the defect. You are also required to send a notice of claim in advance to the construction company about your intent to file the claim.
In all cases, the maximum period of time during which you can file a construction lawsuit is ten years. The time requirements must be met in all cases. If you bring a contractor lawsuit after the ten-year period, your odds of success will be very little. It is important to note whether your particular case involves the four-year limit or has an extended statute. A good construction law firm can provide you with sound legal advice on the matter.
If you want to seek damages for a defective construction on your Orlando property, we can help you. Here at VG Law Group, we help businesses recover fair compensation from a construction company or the contractor's insurance company.
Our construction lawyers have extensive experience in handling payment disputes related to construction matters. We also know how to navigate complex construction litigation while securing your rights. Call us now to discuss your dispute claim with our construction law attorneys.