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Who is responsible for construction defects?

The housing industry has not taken much of a hit in the Sunshine State. Areas like Ft. Lauderdale have seen a boom in home construction.

What happens when you purchase a home only to find that things are not quite right? It may start as small issues, a crack here or there, and grow to something much bigger. When you find that construction defects have taken a toll on your home, you want to know who to hold responsible.

Tips for dealing with new home construction defects

When you purchase a brand new home, you expect it to be in good condition. Sadly, new home construction can go wrong. You may discover something missing, dangerous or improper with your new home. Here are some possible new home defects:

  • Faulty plumbing
  • Leaky roof
  • Foundation cracks
  • Electrical hazards
  • Poor drainage
  • Inadequate ventilation

Defects can cause various issues regarding your health, safety and personal preferences. Here are some tips for detecting and dealing with new home defects.

Myths surrounding Florida construction litigation

Whether conflicts arise during unintentional or seemingly deliberate construction malfeasance, many issues surface. While each trade has expertise in that field, it is essential to look at the overall picture to determine if and where fault lies and the best method for correction.

Not all construction disputes need to go into litigation; often, communication errors cause problems and ill-will. A skillful construction litigator can diffuse hostilities and show where a misstep occurred due to misunderstandings. The legal construction professional can outline a workable settlement to rectify errors and replace blame with solutions that appeal to both parties. If an issue goes into litigation, both parties should separate litigation facts from misconceptions.

Are you able to sue for breach of business contract?

Breach of business contract is an everyday reality in numerous industries. Coca-Cola Florida recently sued its former president on the grounds of breach of contract. 

This happens all the time in the construction industry. Construction company owners require contractors with numerous suppliers. In the event a supplier fails to get a particular item to you on time, the project can fall behind. A client will become angry, and your job and well-being are on the line. For any breach of contract, you can look into suing the other person to try to acquire compensation for the inconvenience. 

Construction disputes: Settling builder and homeowners disputes

When it comes to home repairs and renovations in the Fort Lauderdale area, one thing homeowners should do before hiring contractors is to screen them and their contracts carefully. In the construction industry, a poorly written contract can cause a multitude of issues when it is time to enforce it. Often, contracts are the only thing that keeps builders from taking advantage of homeowners. 

Keep in mind that builders rely on contractors, vendors, sub-contractors and other parties to complete their projects. All parties involved have contracts to lay out the details of what is expected of them, delivery terms and payment schedules. Disputes can still arise when there are issues enforcing contracts. Here are a few alternative resolutions homeowners should consider on construction disputes

3 essential legal tips for small business owners

Every business will experience legal complications at one point or another. Even if you have the most successful company in the world, it may seriously struggle if you have poor legal arrangements. You must tackle legal issues head-on to prevent costly problems from arising and resolve them as soon as they do.

The well-being of your enterprise depends on you devoting a significant amount of time to avoiding legal pitfalls. Here are some of the best tips for reducing legal troubles:

Understanding Florida’s construction lien law

If you are a Florida contractor, you know that sometimes you encounter difficulties when attempting to get paid for the work you complete for homeowners. When the remodeling, renovation or home improvement work you agreed to perform cost over $2,500, you are entitled to file a lien against the homeowner’s property if (s)he does not pay you the full amount of your bill. There are, however, stringent rules and procedures with which you must comply in order to file and enforce your lien.

It goes without saying that you should never perform any work unless you have a written contract with the homeowner setting forth the following things:

  • Your name, the homeowner’s name and the address of the property
  • Exactly what work you will perform
  • Your best estimate of the total cost of your work
  • How and when the homeowner will pay you; i.e., down payment, partial payments as the work proceeds, full payment on work completion, or whatever terms you negotiate with the homeowner

Are you violating Fort Lauderdale municipal codes?

Municipal codes, the rules and regulations that a city sets up and enforces, may not always be clear to everyone who lives there. In Fort Lauderdale, for example, there are various types of municipal codes that could lead to citations for home and business owners who violate them.

It is important to inform yourself about the municipal codes that may affect your home or business so that you do not risk a citation. If the city has already issued you a citation, understanding why can be the first step to resolving the issue. Another essential tool that can help you in the process of navigating a municipal code violation is an attorney who has experience handling these types of cases.

3 tips for creating strong business contracts

Starting a new business is an exciting adventure with plenty of opportunities for growth and success. However, there are certainly challenges and pitfalls for which you need to prepare. If you want to weather the storms and come out on top, you will need to anticipate problems, sort out the details and make clearly written business agreements

You might be tempted to rely on a verbal agreement or boilerplate contracts. Despite the potential savings up front, these approaches often end in expensive legal problems later. Keep reading for advice on writing solid business contracts to avoid disputes and lawsuits.

When contracts include arbitration clauses

In Florida, many construction contracts include provisions obligating the parties to resolve any disputes via arbitration rather than in court. The arbitration process offers several pros and cons depending on the situation.

Parties who want to litigate their contract issues in court rather than resorting to arbitration may be able to challenge a contract's arbitration clause. As with any contract issue, consult your lawyer about whether it makes sense to attempt to get out of an arbitration provision.

Questions? Contact Michael Garcia, P.A., For Answers

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