Windows are an essential part of any building, providing natural light, ventilation, and insulation, but at times, windows can also be a source of problems if they are defective or installed improperly/negligently. Defective windows can cause water leaks, mold growth, energy loss, and structural damage to your property, among other things, which is why if you’ve noticed any signs of defective windows in your home, you may be wondering what you should do and how a lawyer can help. Please continue reading and reach out to the Florida construction attorneys at Ansbacher Law to learn more.
Florida Law Regarding Construction Defects
Florida law defines a construction defect as “a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from a failure to comply with the accepted standards of care for those licensed under this chapter or a failure to construct or remodel in accordance with applicable codes.”
Under Florida law, you have the right to seek compensation for damages caused by construction defects from the responsible parties, such as contractors, subcontractors, suppliers, architects, engineers, or manufacturers. However, before you can file a lawsuit against them, you will have to go through the notice and opportunity to cure process.
First, you’ll need to notify the responsible parties in writing of the defects and give them an opportunity to inspect and repair them within certain time frames. The notice must include a detailed description of the defects and the location of each defect. The notice must also be sent at least 60 days before filing a lawsuit for residential property owners and at least 120 days for commercial property owners. You should hire an attorney who can help you draft this notice.
If the responsible parties fail to respond to your notice or offer an inadequate settlement or repair proposal, you can then proceed to file a lawsuit against them. However, you must file your lawsuit within the statute of limitations, which is four years from the date you discovered or should have discovered the defect. If the defect is hidden or latent, the statute of limitations is extended to 10 years from the date of completion of the project.
How to Document/Report Defective Windows
If you suspect that your windows are defective, you should document and report them as soon as possible. Here are some steps you can take to do so:
- Take photos and videos of the defective windows and any damages they have caused. Make sure to capture the date and time stamp on your camera or phone.
- Keep copies of any contracts, warranties, invoices, receipts, or correspondence related to the windows and their installation.
- Contact the responsible parties and inform them of the defects. Keep records of your communication with them and their responses.
- Hire an independent inspector or expert to evaluate the defects and provide a written report with their findings and recommendations.
- Contact a construction lawyer who can assess the circumstances of your case and advise you on your legal options going forward.
Ansbacher Law is dedicated to serving clients who’ve encountered construction defects in their homes, and we’re prepared to use our experience to your advantage in an effort to remedy the issue at hand. Give us a call today or contact us online so we can get started working on your case.
