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Construction Law Archives

What are force majeure clauses in construction contracts?

With the devastation and havoc from Hurricane Irma still lingering, construction projects faced numerous setbacks during tropical storm season. One way the construction industry has learned to handle unexpected and unplanned events is to incorporate a force majeure clause into contracts.

The top four construction defects you should know about

A house is more than just a structure. For many people, a home is a place to unwind, have fun with family, and make memories. But let's say that your house is faced with a construction defect-- a scenario that is all too familiar to many homeowners.

What Happens When A Condo Owner Discovers A Construction Defect?

Construction defects can occur just as easily in condominiums as they can in houses. Just as the owners of houses have the right to take action, so too do the owners of condos. When a condo owner discovers a leak, water damage, mold damage or any other construction defect, he or she can seek compensation for damages through legal action.

Was It The Storm Or A Construction Defect?

In the aftermath of Hurricane Matthew and a particularly destructive hurricane season, many Florida homeowners are searching for ways to rebuild. For many, that means turning to their homeowners insurance policy. But what happens when the insurance company rejects the claim on the basis that the damage to the home was not the result of the storm, but the result of a construction defect in the home?

Paying For a Licensed Contractor Worth the Extra Cash

In order to do building work on a person's home or business, most contractors are legally required to have a license. According to a recent Miami Herald article, in Florida, the regulation of the construction industry is determined by Chapter 489 of the Florida Statutes. This governs the licensure of categories of contractors through the Department of Business and Professional Regulation's (DBPR) Construction Industry Licensing Board. Local governments also have additional licensing requirements. However, that doesn't mean that every contractor that is hired has the required licenses.

Why Fast Action Is Critical In Construction Defect Claims

A recent decision from Florida's Fifth District Court of Appeal shut down an attempt by homeowners to circumvent the statute of limitations in a construction defect case. The homeowners argued that they were not bound by the statute, because the contractor responsible for the defect was not licensed. The court disagreed.

Landmark Construction Defect Victory Gives Hope To Homeowners

After all the work that goes into buying a new home, there is nothing more disheartening than discovering a construction defect upon moving in. Unfortunately, it happens all the time, even in newly built houses and condominiums. Defects can range from leaky roofs, windows and doors to foundation and siding problems.

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