Lobeck & Rowe has substantial experience in assisting our clients to pursue claims for defective construction and design of building components. We work with the engineer or other construction consultant in identifying building code violations, downgrades from the government-approved plans and specifications, shortcomings from accepted industry standards and other defects for which the developer, contractors, suppliers and design professionals may be liable.
We then assist the Association in presenting the claims to the liable parties in the manner required by Chapter 558, Florida Statutes and seeking a negotiated settlement where possible, either by cash payment or (more often) a written agreement for the timely performance of certain detailed repairs. We also litigate construction defect claims for our clients and advise as to applicable warranty periods and statutes of limitations.
In addition to claims based on defects in common elements and other common property, an Association may have a claim under certain circumstances for defects common among all or most owners for property owned by the owners. In assisting our clients in construction defect claims, our goal remains (as always) to obtain a cost-effective result.