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What Does An Implied Warranty Mean In Florida?

Orlando Real Estate Litigation

If you’re a Florida property owner, it’s important to understand the basics of an implied warranty of workmanship. This warranty is typically included in construction contracts and protects owners if their home is not constructed according to the agreed-upon plans or specifications. Here’s what you need to know and how to get help from a construction litigation attorney. 

Defining An Implied Warranty Of Workmanship 

An implied warranty of workmanship is a legal promise that a contractor’s or builder’s work will meet certain minimum standards. In Florida, these standards are outlined in the state’s Building Code. The implied warranty of workmanship is “implied” because it is not specifically stated in the contract between the property owner and the contractor but is instead a legal requirement imposed on contractors by the state.

What Does The Warranty Cover?

Workmanship warranties generally cover any defects that arise within the course of construction, including both defects that arise from problems with materials to those that are the result of poor labor practices. For example, if a contractor uses subpar materials that result in damage to the property, the property may be able to file a claim under the warranty of workmanship.

Exceptions To The Warranty Of Workmanship

The warranty of workmanship does not cover every possible problem that could arise with a construction project. For example, problems that are caused by neither the contractor’s work nor the materials they selected are unlikely to be compensable under a workmanship warranty. 

Contractors may also not be liable for issues caused by developers whom they permit to proceed after a problem has been identified, or for problems that arise after construction has been completed that aren’t directly related to development. 

How A Real Estate Litigation Firm Can Assist You 

An experienced Florida real estate litigation firm can help you identify the causes of construction defects, who may be responsible, and offer sound legal advice on how to move forward. 

They can also assist with filing the necessary paperwork and negotiating with the contractor to ensure that you are given a fair resolution. Your attorney can assist with gathering evidence to support your claims, including photographs and statements, and can negotiate for a settlement in your favor. 

Contact Feinstein Real Estate Litigation & Business Law for a consultation to learn more by dialing 954-767-9662 or filling out our short contact form below.

By : admin | February 22, 2023 | Real Estate Litigation