Construction Defects & Disputes

We assist residential and commercial clients with land based and water-based Construction, Seawall, Marina and Dock disputes and claims pursuant to Florida Statutes 558. Our attorneys have significant experience and proficiency in Construction Law and experience working with contractors, salvers, engineers, marine contractors, builders, emergency service providers, and insurers. This insight and experience enable us to help property owners, associations, contractors, subcontractors, engineers, and architects anticipate and promptly address issues, disputes and litigation related to construction delays, defects and permitting issues.

Our services include:

• Seawall, Dock and Marina construction disputes, contracts and permitting.
• Drafting construction and equipment contracts.
• Counseling clients on the avoidance and/or resolution of construction claims.
• 588 Claims, 588 Notices, 588 Litigation.
• Litigating design and construction defects cases.
• Litigating Seawall, Dock and Marina design and construction defects.
• Assisting with permits for Seawalls, Marinas, and Docks.
• Representing clients with insurance claims, insurance appraisals, and insurance disputes.
• Litigating and arbitrating construction disputes involving construction defects and mass torts.

Florida Statutes 558

Florida Statues 588 – Construction Defects Requires specific notice provisions and then give the contractor the opportunity to cure/repair.

The Statue requires formal notice at least 60 days before filing any action, or at least 120 days before filing an action involving an association Thereafter, within 30 days after service of the notice of claim, or within 50 days after service of the notice of claim involving an association, the contractor is entitled to perform a reasonable inspection of the property or of each unit within 15 days after service of a copy of the notice of claim pursuant to subsection (3), or within 30 days after service of the copy of the notice of claim involving an association.

The contractor, subcontractor, supplier, or design professional must serve a written response to the person who served a copy of the notice of claim. The written response must include a report, if any, of the scope of any inspection of the property and the findings and results of the inspection. The written response must include one or more of the offers or statements specified in paragraphs (5)(a)-(e), as chosen by the responding contractor, subcontractor, supplier, or design professional, with all of the information required for that offer or statement.

Within 45 days after service of the notice of claim, or within 75 days after service of a copy of the notice of claim involving an association the person who was served the notice under subsection (1) must serve a written response to the claimant. The written response must provide:

(a) A written offer to remedy the alleged construction defect at no cost to the claimant, a detailed description of the proposed repairs necessary to remedy the defect, and a timetable for the completion of such repairs;

(b) A written offer to compromise and settle the claim by monetary payment, that will not obligate the person’s insurer, and a timetable for making payment;

(c) A written offer to compromise and settle the claim by a combination of repairs and monetary payment, that will not obligate the person’s insurer, that includes a detailed description of the proposed repairs and a timetable for the completion of such repairs and making payment;

(d) A written statement that the person disputes the claim and will not remedy the defect or compromise and settle the claim; or

(e) A written statement that a monetary payment, including insurance proceeds, if any, will be determined by the person’s insurer within 30 days after notification to the insurer by means of serving the claim, which service shall occur at the same time the claimant is notified of this settlement option, which the claimant may accept or reject.

(6) If the person served with a notice of claim pursuant to subsection (1) disputes the claim and will neither remedy the defect nor compromise and settle the claim, or does not respond to the claimant’s notice of claim within the time provided in subsection (5), the claimant may, without further notice, proceed with an action against that person for the claim described in the notice of claim.

(7) A claimant who receives a timely settlement offer must accept or reject the offer by serving written notice of such acceptance or rejection on the person making the offer within 45 days after receiving the settlement offer. If a claimant initiates an action without first accepting or rejecting the offer, the court shall stay the action upon timely motion until the claimant complies with this subsection.

(8) If the claimant timely and properly accepts the offer to repair an alleged construction defect, the claimant shall provide the offeror and the offeror’s agents reasonable access to the claimant’s property during normal working hours to perform the repair by the agreed-upon timetable as stated in the offer. If the offeror makes payment or repairs the defect within the agreed time and in the agreed manner, the claimant is barred from proceeding with an action for the claim described in the notice of claim or as otherwise provided in the accepted settlement offer.

Litigation & Arbitration

 

When litigation is necessary, we have the depth and skill these claims and cases demand. Our attorneys have extensive experience litigating and arbitrating construction disputes.

David Avellar Neblett and his Trial team have tried over forty cases to a jury and have the skills and expertise needed to succeed in the Courtroom or to bring a case to a resolution prior to Trial as the other side knows that we will in fact try a case.  We litigate and defend all types of construction claims on behalf of property and marina owners, HOAs, developers, contractors, subcontractors, construction managers, marine contractors, manufacturers, design professionals, and insurers and sureties.

Give David Avellar Neblett, Esq., B.C.S. a call @ 855-456-0445 or contact us today and we will happily provide a Free Consultation.