Published in the Daily Business Review and Law.com –
In an article published on 9/9 in the Daily Business Review and Law.com, Ball Janik LLP Attorneys Kelly Corcoran and Stephen Hauptman write about the importance of protecting Florida properties from severe storms. Due to a construction boom in the Sunshine State and stronger and more frequent hurricanes, construction defects and corner-cutting may become exacerbated.
“Storms and other weather-related events typically reveal and/or worsen defects, so it is essential to get out ahead of them as much as possible long before the storms hit,” write Corcoran and Hauptman. “If a construction defect can be proven, this potentially exposes a builder to a hefty bill, which once again goes back to the idea of building to specification and codes ahead of powerful storms.”
As Tallahassee recently passed SB360, the window for filing construction defect claims has narrowed significantly. So, when a defect does come to light, even years after construction, residents and community operators must work to ameliorate it as soon as possible. HOAs and community operators must also ensure that their insurance policies are up to date and accurate records of all relevant documents are maintained when filing claims becomes a necessity.
“It is up to residents and communities to familiarize themselves with how Florida’s state regulations affect construction defect litigation—and the timeline under which they may be filed and defended against,” the authors say. “Speaking with an attorney about insurance coverage and timelines surrounding construction defects can go a long way in planning property protections. It’s far better to review this information before a storm makes landfall.”
Read the story in full; click here (subscriber-based)