Construction Defect Insurance Claims
Who is Liable for Faulty Florida Construction, Insurer or Contractor?
Williams Law Association, P.A.
March 16, 2013
When construction defects occur, Florida homeowners generally have to determine what remedial option is most appropriate: submit an insurance claim or file suit against the builder.
As most Florida homeowners can attest to, natural disasters can be extremely unpredictable in the Sunshine State. Whether dealing with torrential rains and hurricanes, or even sinkholes, Florida homeowners can literally encounter Mother Nature's wrath from almost every angle - from both above and below.
Unfortunately, the aftermath of such horrific events can be just as difficult to deal with as the natural disaster itself. For instance, not only do Florida homeowners have to cope with the emotional distress of home damage or lost personal possessions, but also have to start the often arduous process of physically rebuilding portions of their home - a rebuilding process that has its own unique headaches.
For some Florida homeowners, even after reconstruction is complete a whole new set of problems can arise - often in the form of construction defects. However, when construction defects do occur, Florida homeowners generally have to determine what option is most appropriate: submit an insurance claim or file suit against the builder. But before a homeowner makes this important decision, they need to know of the various hurdles each prospective avenue may present.
Construction defects lawsuits in Florida
Florida homeowners may be surprised to learn that they cannot immediately file a lawsuit against their contractor if they subsequently discover construction defects. In fact under Florida law, lawsuits against contractors are not allowed until the homeowner permits the contractor to examine the alleged defect and offer remedial action.
The Florida statute that governs construction defect lawsuits specifically states that a homeowner needs to serve a notice on the contractor at least 60 days before any lawsuit can be initiated. This period increases to 120 days if the lawsuit involves an "association representing more than 20 parcels."
And while there are some limited exceptions that can reduce this waiting period, the notice must be served and must reasonably describe the construction defect and the resulting damages. Following the notice, the contractor is then permitted to examine the defect and propose corrective action, although the homeowner has the option of accepting or rejecting this offer. If the homeowner rejects the offer, a lawsuit can finally be commenced.
Construction defects and insurance
Regrettably, even when homeowners determine their homeowners' insurance policy is their best course of action when dealing with faulty construction, they often experience a whole different series of issues.
For instance, an insurance provider may deny coverage for the particular home repairs - often alleging the circumstances of the insurance claim are not covered by the policy or that the damage falls under an exclusion
Ultimately, there are several problems and pitfalls that Florida homeowners need to be aware of when dealing with home repair or construction defects. Consequently, it is often best to speak with an experienced insurance claims attorney if you are having difficulty dealing with a homeowners' insurance claim or faulty construction.
SOURCE: world.einnews.com/247pr/335273