Articles Tagged with construction litigation

The Fourth District Court of Appeal recently rendered a decision in Gindel v. Centex Homes (Fla. L. Weekly D2112d), which will impact how construction defect cases will now be analyzed, pursued and litigated in Florida. Specifically, the Fourth District Court held that the sending of a construction defect plaintiff’s pre-suit notice of claim qualifies as […]

Under Chapter 558 of the Florida Statutes, claimants such as homeowners, HOAs, and condominium associations that have sustained property damage resulting from construction defects are required to participate in a pre-suit dispute resolution process. From a practical standpoint, construction disputes rarely reach a resolution in the pre-suit stages, as contractors and subcontractors struggle to obtain […]

558 Notice Requirements Navigating the world of construction defects and 558 notice requirements can be tricky for both plaintiffs and defendants. Florida Statute 558 governs the rights and obligations claimants must follow prior to filing a construction defect lawsuit against the parties responsible for the original construction.  Generally, the statute provides that a claimant must […]

Miami’s unique real estate development market makes it particularly vulnerable to construction defects. A reliance on foreign buyers who are more tethered to the ups and downs of the economy makes the timing of construction in Miami more heavily dependent on the market. Real estate developers need to get all their projects up and sold […]