As the construction industry starts to rebound, so will the potential for construction defect litigation.
In Florida, the Legislature has defined a construction defect in Florida Statutes §558.02 as “a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from: (a) Defective material, product or components used in the construction or remodeling; (b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to s. 553.84; (c) A failure of the design of real property to meet the applicable professional standards of care at the time of governmental approval; or (d) A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction.”
