Thanks to considerable population growth, Florida’s construction industry is seeing no shortage of projects. Construction accidents are an occupational hazard for workers, but property owners face a different kind of risk: financial losses, structural damage, and possibly even injuries due to negligence. If you suspect construction negligence, an experienced lawyer can help.
Construction negligence is when a general contractor fails to adhere to building codes or safety standards when building or renovating. Even seemingly minor errors can cause serious problems. So, can you be compensated for negligent construction? Here’s a closer look.
Defining Negligent Construction and Its Impact
Construction negligence happens when an architect, engineer, general contractor, or other professional fails to take reasonable care when designing or building a structure.
A property owner generally isn’t present for the entire design and construction process, so they generally find out about construction negligence by noticing a construction defect. Construction defects fall into two broad categories:
- Patent Defects: Problems that can be easily spotted through inspection
- Latent Defects: Hidden problems that emerge later
Patent defects can be spotted by any reasonable person upon inspection of the property. For example, if you walk into a brand-new house and the floor is slanted, you have discovered a patent defect.
Latent defects can’t be spotted right away because they may be behind walls or otherwise not visible. For example, if a builder uses a floor joist that is too weak for your house, you may not notice until the joist weakens enough to make the second-floor ceiling collapse.
Construction defects range in severity from minor inconveniences to deadly hazards. There are three main types: material defects, design defects, and workmanship defects.
Material Defects
Material defects happen when a structure is made with damaged, defective, or incorrect materials. Depending on the circumstances, material defects may be the result of the manufacturer’s or the contractor’s negligence.
For example, if a manufacturer says construction materials have a higher load rating than they actually do, a structure might collapse, and the manufacturer could be held liable. If a contractor deliberately chooses materials with a too-low load rating to cut costs, they could be held liable for a building collapse.
Design Defects
Some defects happen before a contractor even begins a project. If an engineer or architect creates dangerous design plans that lead to structural damage or injury, they could be held responsible.
Workmanship Defects
Poor workmanship is a common cause of construction defects. Some builders aren’t careful to follow building codes, and others hire unskilled workers to save money.
Recognizing Signs of Construction Negligence
Getting compensated for builder mistakes is a definite possibility. However, if you’re a property owner who doesn’t have a lot of familiarity with the construction process, it may be difficult to spot negligence. These are some potential signs to look for:
Not Securing the Construction Site
A contractor who is negligent in one area is likely negligent in others. Unsecured construction sites can lead to injuries, property damage, and other issues.
Improper Safety Training or Equipment
As a property owner, you may not know for sure if a general contractor has given their employees proper safety training. However, if you see that workers on your construction project don’t have safety equipment (like helmets), behave recklessly, or leave dangerous equipment unattended, there’s a reasonable chance you may later discover faulty workmanship.
Obvious Poor Workmanship
You may not always notice construction defects early on, but if you do, it’s a good sign that the contractor is negligent. Cracked walls, protruding nails, uneven flooring, water stains under kitchen sinks, and other signs of sloppy work could also indicate deeper issues.
Parties Potentially Responsible for Construction Defects
Can you sue for faulty construction? You can, but financial recovery for construction defects can be more complicated than it initially seems. Your attorney can help you determine who is liable for defects. Often, you can recover damages from one or more of the following parties:
The Contractor
Contractors are responsible for sourcing proper materials, following building plans, and ensuring that each project meets local building codes.
The Subcontractor(s)
For large projects, a general contractor may hire multiple subcontractors to perform work. If a subcontractor doesn’t exercise reasonable care and performs faulty or dangerous work, they might be liable for the losses that result.
The Architect or Engineer
Typically, if a building’s design is unsafe, the architect or engineer (not the builder) will be legally responsible. There is a notable exception. If a contractor or subcontractor knows (or should have known) that the building design has a defect and proceeds anyway, they may be liable as well.
The Manufacturer
Even if a contractor completes your project in a workmanlike manner, there’s still a risk of construction defects. If the manufacturer sold faulty products, they should be held responsible for any defects caused by those products.
Building a Strong Claim for Construction Negligence
Can you be compensated for negligent construction? The answer is yes, but you must be able to prove that the construction defects you’ve noticed stem directly from the negligence of one or more of the parties involved. To build a strong claim, you must be able to prove the elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
An experienced attorney will be able to tell you if you have a strong case. If you do, they can then help you compile evidence to prove each element:
Duty of Care
A general contractor owes a client a duty of care to adhere to building codes, use proper materials, and ensure the construction project is safe and functional. Legally speaking, the duty of care begins when a builder chooses to start working on a home that will be available to the public or a contractor signs a contract with a client.
Breach of Duty
If a contractor breaches their duty of care, that means they have violated their duty to the public or their client. To prove a contractor breached their duty of care, a lawyer may compare photos of the construction project to building codes or consult expert witnesses.
Causation
Your lawyer also must be able to prove that the contractor’s breach of their duty of care led directly to your losses (like injuries, damaged property, or loss of income). This element is often relatively straightforward to prove.
Damages
To have a successful lawsuit, you must be able to show that you suffered real monetary losses as a direct result of the contractor’s negligence. If you were injured, medical bills and proof of lost wages can prove your damages. If bad workmanship led to water damage or structural collapse, you may be entitled to repair costs.
Potential Compensation for Victims of Faulty Construction
Total recoverable compensation for negligent construction can vary widely, but the amount you receive is typically based on the total value of your losses. If you win your case, the responsible party’s insurance company should compensate you for losses like these:
Medical Expenses
Unfortunately, some construction defects can cause injuries. If you’re hurt because of negligent construction, the at-fault party may have to pay for your medical care.
Lost Income
If the construction defect causes an injury that leaves you unable to work, you might be able to recover compensation for the wages you lost. Likewise, if the construction project is a business location you were unable to use due to a defect, you may be compensated for loss of business income.
Repair Costs
In some cases, faulty work may need to be redone to repair a defect. If your case is successful, you may receive compensation for these costs.
Decline in Home Value
If repairs are not feasible, you might be able to receive compensation for the loss of your home’s value. For instance, if your home has crooked floors but you don’t want to go through the hassle of redoing them, you might be able to ask the builder to compensate you for the decline in the home’s value.
Cost of Temporary Housing
If your home has a construction defect, you might receive compensation for temporary living expenses. For example, if your roof collapses because the builder didn’t follow the construction plan, the builder’s insurance company might reimburse you for hotel stays and restaurant meals.
To make sure you receive fair compensation, you should make sure you have adequate proof of your losses. Your attorney can assist you with proving your damages from negligent construction.
Talk to a Florida Construction Negligence Attorney Today
Can you be compensated for negligent construction? Generally, the answer is yes, but the best way to know for sure is to talk to an experienced lawyer. Even if there is clear evidence of negligence on the part of the builders, their insurance company may deny your claim.
That’s where we come in. The Kennon Law Group team is dedicated to standing up to insurance companies on behalf of our clients. We have more than 100 years of combined legal experience, and we have recovered more than $100 million for people like you.
If you’re considering suing a builder for construction defects, call us or contact us online to schedule your free consultation!
