Construction Defect Injuries in Winter Garden

No one wants to move into a home or set up shop in a building only to be injured by deficiencies made during the design, surveying, supervision, or making of the structure.

These architectural and structural problems can injure residents and visitors in significant ways. A serious injury will take some time – and money – to heal, and you might miss work and get behind on other financial obligations.

When you or a loved one were injured because of a dangerous construction flaw, you could use the help of a skilled premises liability attorney to get compensation for construction defect injuries in Winter Garden.

Statute of Limitations on Construction Defects

One of an attorney’s primary responsibilities is keeping up to date with changes to the law. In the area of construction law, there are significant recent changes that those looking to file a construction defect case on their own might miss. Before April 12, 2023, a property owner in Winter Garden had no more than ten years to file a latent construction defect for both breach of contract and personal injury.

Now, under Florida Statute § 95.11(3)(c), a claimant has just seven years to bring such a claim. For construction defects that are initially discoverable, a residential or commercial real property owner still has four years to file a defect claim. For this reason, it is crucial to contact a trustworthy personal injury attorney as soon as an incident occurs.

Harm Caused Due to Specific Code Violations

Building companies are notorious for sometimes operating in a way contrary to detailed building prohibitions, such as code violations. Florida has specific state-wide building codes, and municipal governments throughout the state have local ordinances enforcing these provisions and providing area-specific ones.

For example, Winter Garden’s local ordinances explain that buildings constructed for access to the public within city limits must be built using block, concrete, or metal (Ordinance No. 20-15, § 2, 2-27-20).  Here are some defects to look for that might cause injury:

  • Missing blocks that cause walls to crack
  • Incomplete ledgers and braces that cause decks to collapse
  • Missing screws and bolts that cause ceiling fans to fall on people
  • Stairs designed too steep, causing individuals to fall
  • Cheap roofing material resulting in a ceiling collapse
  • Wrongly installed HVACs causing mold sickness
  • Incorrect signage on the sidewalk that fail to prevent an accident

A lot could go wrong during construction. With this in mind,  a Winter Garden construction defect lawyer could deliver compelling arguments to get injured plaintiffs the monetary damages they deserve.

Filing a Construction Defect Claim

The process of filing a construction defect case is longer than many plaintiffs might initially believe. First, a 60-day Notice to Cure must be sent to the responsible party—or 120-day Notice if it involves 60 or more acres, such as cases involving a Homeowner’s Association. The notice must have detailed and specific language about the issue.

The negligent party, such as the building company, contractors, insurers, Homeowner’s Association, or others, will have between 30 and 50 days to inspect the premises after receiving the Notice to Cure and move forward with any repairs. If there is a refusal to repair, or the repair is not sufficient, then a lawsuit can move forward.

There are situations where a person can get relief for injuries resulting from a construction defect, regardless if there are repairs made.

A decisive Winter Garden building defect injury attorney could prevent a person’s claim from being dismissed by ensuring they have the correctly required language in the notice and complaint. Once a claim for damages moves forward, they assist in gathering evidence, tallying up requested damages, and negotiating with the defendant on a settlement amount.

Contact a Winter Garden Attorney if You Experienced Construction Defect Injuries

You deserve to feel safe when entering a building or traveling across some other property. Negligent construction project officials should not get away with the use of brittle materials and rushed jobs that injure you or a loved one. Call us and speak to a team member from The Umansky Law Firm to learn more about construction defect injuries in Winter Garden. The liable construction company should compensate you for the harm you suffered due to their negligent job performance.

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