Types of construction liability in Florida

Florida is undergoing a construction boom as real estate properties tries to keep pace with the burgeoning economy. This trend is especially noticeable near the urban centers of central and southern Florida, where many different types of construction projects are providing thousands of units of housing and commercial space.

Large and complicated projects require several subcontractors to complete the different elements and systems of new buildings. If something goes wrong during a project or in new construction, a construction litigation case seeks to find the responsible party and have them rectify the problem.

There are a few types of liability cases for construction defects. Negligence claims that a subcontractor did not use the care, skills or knowledge normally required of a construction task. A breach of contract claim alleges that a subcontractor did not complete obligated work within the scope of work.

A breach of warranty claim applies principles similar to a breach of contract to an agreed quality or survival time of construction work. These assume that a structure was used for purposes included in the scope of work when the subcontractor was involved.

A strict liability claim is derived from products liability law, and treats the subcontractor’s work as a product made available to the public. A successful claim of this type will have to prove an error in mass production or similar consumer product process.

Owners and contractors of large construction projects may wish to retain legal counsel to represent their interests in the case of construction litigation. An attorney can help clients understand liability and risk involved in employing subcontractors.

Source: FindLaw, “Legal Liability for Construction Defects,” accessed Oct. 08, 2017

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