What Legal Options Are Available for Structural Defect Cases?

Whether you’re building your dream home or have just purchased a home that’s supposed to be brand new, poor construction work or materials that lead to structural defects can turn your dream into a nightmare. Contact a Sarasota, FL structural defects lawyer right away if you’re experiencing issues so we can get started on recovering the compensation you deserve under the law.

What Legal Options Are Available for Sarasota, FL Structural Defect Cases?

Contact a Structural Defects Lawyer

Everything starts when you talk to a lawyer. We can help you gather the evidence you need to prove that there are issues and then go through all the hoops that are required before you can bring a lawsuit. These are very important, and a single mess-up can destroy your case. If you don’t give the right notice, at the right time, if you miss a deadline, or you file something incorrectly, you might be left with no options. A lawyer will protect you from all these issues.

Sending Your Notice

Under Florida laws, your first step is to notify the developer of your property or your contractor about the defect. This is known as a Chapter 558 notice, and it needs to describe clearly where your property is located, the nature of each defect discovered, and all known damage that has resulted from this defect. Under the law, the contractor has 30 days to respond and get the property inspected. They have to fix the issue, settle the matter by compensating you, or bring a formal dispute against your claim.

Filing a Lawsuit

If the contractor does not get back to you within the required timeframe or the offer they make is unacceptable, then bringing a lawsuit becomes your next option. It’s usually better to settle without going to court if at all possible, but sometimes there’s no other option. An experienced lawyer will be able to tell you whether the time is right to bring a lawsuit, what to expect, and what the likely outcome will be.

Filing a lawsuit starts with filing a complaint. Then you enter a period known as “discovery.” During this time, both sides exchange evidence and documentation, get expert analysis, and request depositions.

During discovery, and even after it, you can engage in mediation or settlement discussions. If you’re able to come to a settlement at this point, it will usually be the best option, and if you have a strong case with lots of evidence, it’s likely you’ll be able to settle. But if no settlement is possible, the case will go to trial. At the trial, you can request damages to cover the cost of any repairs you’ve had to make, reimbursement for any temporary housing that you had to get, reimbursement for your attorney fees in some cases, and compensation for the diminished value of your property.

If you’re facing a home with defects, you don’t have to just live with it. Reach out to HD Law Partners now for help in Sarasota, Tampa, Fort Myers, or Orlando.

Tags: Florida Structural Defect Attorney
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