When Can Real Estate Developers Pursue Construction Defect Litigation?

 Posted on October 26,2021 in Real Estate

There is a multitude of legal issues that commercial real estate developers will need to address, including financing, permits, and zoning laws. Construction is a major aspect of a commercial real estate development project, and in some cases, developers may encounter construction defects that affect the value of a property and the ability to use it as intended. In these cases, a developer may need to pursue litigation against a construction company, contractor, parts manufacturer, or other parties who were responsible for defects.

Reasons for Construction Defect Litigation

Construction defects may involve multiple issues. Defects may be patent, meaning that they are easily observable or can be uncovered through a routine inspection, or they may be latent, meaning that they are not immediately evident. In general, construction defect litigation may address the following types of defects:

• Design defects - A development project will involve multiple types of plans and specifications, and defects may arise because of errors committed by architects or engineers during the planning process. These errors may occur due to failure to consider important factors such as soil quality, or mistakes may be made when creating blueprints or other plans.

• Material defects - The materials used during a construction project may be of poor quality, or they may fail to meet specifications. In these cases, the manufacturer of products or materials may be liable for defects, or a contractor or installer may be liable for their failure to verify that the materials met the proper specifications.

• Quality of work - Builders or contractors may fail to follow the plans and specifications of a project, they may not use standard industry practices, or they may violate building codes when performing work. In many cases, litigation addressing these issues will take the form of a breach of contract case that alleges that a contractor failed to meet their contractual obligations to perform work at a certain standard.

• Breach of warranty - If a construction company or parts manufacturer provides a warranty on the work performed or products purchased, and then fails to act on that warranty when construction defects are uncovered, an owner or developer may pursue litigation to enforce the warranty.

Contact Our Fort Lauderdale Construction Defect Litigation Attorneys

If you are a commercial real estate developer who has encountered construction defects, you will need to understand your options for pursuing litigation against the party or parties who were responsible. The Elliot Legal Group, P.A. can review your case and gather evidence to show that an architect, construction company, product manufacturer, or another party acted negligently or failed to meet their contractual obligations. We will help you determine the best options for addressing these issues, ensuring that you will be able to receive a good return on your investment. Contact our Pompano Beach commercial real estate litigation lawyers at 754-332-2101 to learn more about how we can help with your legal issues.

Sources:

https://www.acuity.com/the-focus/contractor/3-categories-of-construction-defects

https://www.propertycasualty360.com/2019/03/07/defending-construction-defect-claims/?slreturn=20210920104931