Meet Our Construction Defect Attorneys

A construction defect is a flaw or deficiency in a building’s design, materials, or workmanship that results in damage, failure, or decreased value of the structure. It can also take the form of flaws in the design or construction of a community’s common areas, such as roads, sidewalks, and more. These defects can appear shortly after construction is complete or remain hidden for years before surfacing.

In construction projects, defects usually arise in one of two phases of the process. The first type of defect happens during the design and planning stage of the project. The second kind of defect occurs during the building phase. 

In many cases, architects and engineers oversee the planning and design phase of a project. When a design defect happens, they may be held liable. Builders are then responsible for the construction of the project, and they may be liable for defects within their scope of work as well.  Developers and general contractors may also be responsible for the entire project, including design and construction.

Both public and private construction projects can result in defect claims, and when one party’s substandard construction work causes harm, the liable party can be held legally accountable. 

The attorneys at Morgan & Morgan believe that all victims of construction defects deserve justice. Our legal team has the skills and experience needed to effectively represent victims in these cases. 

Construction defects generally fall into one of four categories:

1. Design Defects

These occur when architects or engineers create flawed designs or plans. An example would be an inadequate roof design, leading to water intrusion over time, or a drainage design for a community that is not proper for the area, which can lead to failing roads, sidewalks, and more. 

2. Material Defects

When substandard or unsuitable materials are used, like poor-quality stucco or roofing materials, or the wrong type of fill for a community, it can lead to significant problems. Even if the workmanship is flawless, bad materials can compromise the integrity of the entire project.

3. Workmanship Defects

These are errors or negligence during the actual construction process. Examples include improper roofing installation, improper grading of land, or failing to follow the design plans.

4. Subsurface Defects

Issues with the site’s foundation or soil conditions, such as using the wrong type of fill, poor compaction, or failure to install proper drainage, can result in foundation cracks, sinking, or structural instability.

While some issues are immediately visible, others may not surface until months or years after the property has been built or remodeled. Here are some warning signs to look out for:

• Cracks in walls, ceilings, or foundations
• Water intrusion or mold
• Uneven floors or sloping surfaces
• Roof leaks or sagging
• Poor drainage or flooding
• Ponding of water in yards, streets, and sidewalks
• Doors and windows that won’t close properly
• Electrical issues or frequent outages
• Excessive noise from HVAC systems

If you’re noticing any of these symptoms, it’s essential to document everything and contact an attorney as soon as possible. These may be indicators of a larger problem, and the sooner you act, the better your chances of holding the responsible parties accountable.

Multiple parties may be responsible for a construction defect, depending on where the error occurred and how the construction project was managed. Potential defendants in a construction defect lawsuit include:

• Developers
• General contractors and subcontractors
• Architects and engineers
• Material manufacturers and suppliers
• Construction managers
   

An experienced attorney will investigate your case thoroughly to determine which parties are at fault and pursue claims against each of them if appropriate.

There are many damaging outcomes that can result from design and building defects. Some of the most serious possible negative outcomes include: 

• Increased financial costs for owners or investors
• Property damage  
• Repair costs
• Replacement costs
• And more 

If you have suffered damages in a case like this, it is important to know where to find a construction defect lawyer. Consulting with a legal professional will help you hold negligent parties accountable and recover the money that you deserve.

If you believe your property has a construction defect, here’s what you should do right away:

1. Document everything: Take photos or videos of the issue. Keep copies of contracts, warranties, blueprints, permits, and all communications with the builder or contractor.
2. Don’t make major repairs (yet): While temporary measures may be necessary to prevent further damage, avoid making permanent repairs until your legal team has documented the defects.
3. Notify the builder or developer: Some states require homeowners to notify the responsible party before filing a lawsuit and give them a chance to inspect or fix the issue.
4. Contact a construction defect attorney: The sooner you get legal help, the better. At Morgan & Morgan, we offer free, no-obligation case evaluations to help you understand your options.

Construction defect lawsuits are typically based on one or more of the following legal theories:

1. Negligence

This is one of the most common claims. If a contractor, developer, engineer, or other professional fails to meet the standard of care expected in their field, and that failure results in a defect, they can be held liable.

2. Breach of Contract

If the builder or contractor failed to meet the terms outlined in a construction contract, that’s grounds for a breach of contract claim.

3. Breach of Warranty

Many new homes or renovations come with an express or implied warranty, whether stated in writing or assumed by law, that the work will be free from defects. If the construction fails to meet this standard, you may have a case.

4. Strict Liability

In some states, developers and builders may be held strictly liable for defects, regardless of whether they were negligent. This can make it easier for homeowners to recover damages.

5. Fraud or Misrepresentation

If the builder or developer knowingly concealed defects or misrepresented the quality of materials or workmanship, they may be guilty of fraud.

Proving that a construction defect caused your losses can be difficult. Most construction defect lawsuits require the plaintiff to prove the following elements: 

• The construction work should have been of certain required quality
• The construction work provided did not meet this standard
• The improper work serves as evidence of negligence
• The liable party’s negligence caused harm to the claimant

The knowledgeable attorneys at Morgan & Morgan will carefully review the facts of your case to gather evidence. By showing that a construction defect caused you harm, you can pursue the financial compensation you are entitled to. 

Many construction defect cases rely on warranties for products and services. In general, there are two categories of construction warranties. These are known as “express” and “implied” warranties.

Express Warranties

An express warranty is a formally written promise or guarantee. When someone provides a service or sells goods, they may include an express warranty as part of the contract of sale.

Implied Warranties

Implied warranties are not written down or expressly stated. Instead, they serve as an informal promise or guarantee that a product or service will meet a reasonable quality. 

Even though implied warranties are not formal, they still matter. These implicit promises mean that sellers and service providers stand behind their business. 

An implied warranty may be breached with regard to construction materials, for example. Construction materials may be inadequate in terms of either “merchantability” or proper function.  

A guarantee of merchantability involves the question of whether a product works as well as it should. On the other hand, a warranty of proper function involves the question of whether the product will serve its intended role.

A breach of an implied warranty regarding merchantability or proper function can be grounds for a construction defect lawsuit. If you have been harmed because of a breach of an implied warranty, it is important to know where to find construction defect attorneys. 

The legal specialists at Morgan & Morgan have decades of experience handling these complex cases. Our attorneys will review the facts of your construction-related case and help you to determine the best path forward. 

Successful construction defect cases usually result in “economic” damages. 

Economic damages are meant to make the victim financially whole by compensating them for their monetary losses. Some of the typical examples of this category of damages include: 

• Property damage 
• Repair costs 
• Replacement costs
• Loss of value of the property
• Lost profits
• And more 

There are many vital issues and concepts that arise in a construction-related claim. Some of the most important are:

Contracts

Many of these legal claims rely on specific contracts. Most construction projects require many different contractual agreements. 

For instance, a developer or contractor may enter into an agreement with an architect or engineer to provide an appropriate design for a real estate project.

General contractors also often rely on many subcontractors to carry out specific work. Each of these types of contracts sets forth the responsibilities of the signing parties.  

A builder or developer also often enters into a contract to sell the property to the customer.  

The language of a contract typically may clarify who is accountable for specific defects. That is why it is critical to have a skilled legal professional review construction contracts before signing them.  

It is especially important to review any liability clauses in a construction agreement. If a construction defect arises, this will help you understand if you have a viable legal claim. 

Typically, these agreements will require the contracted party to bear responsibility for defects. 

For instance, a contractor’s agreement with subcontractors may require them to bear responsibility for defects in their work.

Indemnification

Sometimes, a contractor or developer’s contract with a subcontractor has an “indemnification” provision. 

If the general contractor later faces a lawsuit for construction defects, the subcontractor may be responsible for paying the judgment. Because of this, subcontractors usually have insurance policies for construction defects. 

When you hire the reputable lawyers at Morgan & Morgan, we will provide you with compassionate and attentive legal services. We understand that victims of construction defects face many financial challenges. 

Because of this, you will pay absolutely nothing unless our lawyers recover the compensation that you are rightfully owed. Instead, we will agree to a certain percentage of the financial recovery in your case. 

Once we have won or settled your claim, that portion of the recovery will be used to cover legal costs. If you do not get the money you deserve, we do not get paid. It is as simple as that.

Fortunately, those harmed by construction defects have options. With the help of a construction defect lawyer, victims can pursue the financial compensation that they are rightfully entitled to. 

If you have been injured or experienced property damage, you might wonder where to find construction defect attorneys. Below, we will discuss some of the most important tips for securing legal representation. 

When you or someone you know has a viable construction defect claim, reach out to the knowledgeable attorneys at America’s largest injury firm. The team at Morgan & Morgan has been successfully representing clients for decades. 

Because of this, our clients know that they can trust us to fight for their interests. To schedule your free legal consultation with a Morgan & Morgan attorney, fill out the contact form on our website today. 

We will fight tirelessly to recover maximum compensation in your construction defect case.

A construction defect lawsuit must typically be filed within four years of whichever occurs most recently:

• The date of actual possession by the owner
• The date of the issuance of a certificate of occupancy
• The date of abandonment of construction if not completed
• The date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer.

If, however, a construction lawsuit involves a latent (hidden) defect, the statute of limitations runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.

In no event can a construction defect claim be filed more than 10 years after the latest of these dates. Because there is a time limit in which construction lawsuits may be filed, it is important that you speak with an experienced attorney as soon as possible.

Morgan & Morgan’s contingency-fee construction litigation attorneys have successfully represented clients in courthouses throughout Florida.

In venues such as Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee, our construction defect attorneys have won a wide array of construction lawsuits in which millions of dollars were at stake.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest plaintiffs’ law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.