Melbourne Legal Blog


At a time when construction work itself is trending flat or down in the area, construction law suits seem to be on the rise. The increase in lawsuits are related to a range of issues, one being that numerous condos and residential high-rise buildings erected a decade or more ago seem to have suffered from […]

Construction defect claims arise when a party purchases real property, such as a building, that contains inherit defects that undermine or invalidate the intended purpose for its use. If a construction defect arises, the buyer is permitted to pursue litigation against the general contractor, seller, and subcontractor responsible for the defect. A previous post discussed […]

Prosecutors in Florida have secured a victory in a tax-scam case against a construction company. The two sides reached a settlement worth $5.2 million. In the case, five partners backed a firm that inflated tax credits by inflating the costs of projects. Those five partners were uncharged in the scam. The construction company, based in […]

If you have never been involved in litigation, then you may not know the best way to go about hiring a competent attorney who is experienced in your particular issues. You likely see numerous T.V., bus, and billboard ads for a variety of attorneys who promise you’ll pay “cents on the dollar” or open with […]

Construction defects are the bread and butter of lawsuits against developers, general contractors, and subcontractors. Construction defect is the body of law that enables end-users of buildings (commonly homeowners) to sue the original parties that built the house in which the homeowner now resides. This post will go over construction defect and how it operates […]

Construction defect claims arise when there is an inherent defect in the original construction of the home. There is a fine line between issues that stem from construction and those that arise from use after-the-fact. In Florida, the most common construction defect claim is of mold. Florida’s very humid climate almost guarantees that mold is […]

Construction defects are heavily litigated areas of law. Constructing a building is complicated and a handful of mistakes can bring the entire habitability or integrity of the building down. Construction defects are thus a heavily contested area of the law determining (1) if there is a defect and (2) who is responsible for it. This […]

Most disputes arise because there is a misunderstanding between the parties. For instance, one party might have expected property values to increase when they agreed to construction. Unfortunately, they cratered now the other party wants out of the agreement because their assumption did not come true ? not because they are inherently bad. A previous […]

It might sound ridiculous, to sue or litigate over mold. Mold seems like an easy enough problem to solve, clean it out or toss the infected areas. Unfortunately, in new constructions, mold is rarely discovered before it catastrophically penetrates into the building. Additionally, depending on the type of mold, it could be a health hazard […]

Construction defect are two awful words that no homeowner or developer ever wants to hear. Construction defect means that there was a fundamental flaw during the construction of the building which resulted in a current defect. The defect could be minor, meaning it is easily replaced such as better windows for more insulation, or it […]

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