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How Owners Can Avoid Litigation on Construction Projects
The Construction Lawyer’s Guide To Chapter 558, Florida Statutes: A Practical Checklist
This checklist will assist counsel when evaluating compliance with Florida’s Construction Defects Statute, Chapter 558, Florida Statutes (“FCDS”). These issues arise frequently and must always be considered when claims for defective design/construction are pursued and defended. First conceived in 2003, the FCDS has undergone several revisions and constantly poses new legal challenges for property owners, […]
Read MoreNew Tactics For Navigating Florida Construction Defects Law
Chapter 558, Florida Statutes requires property owners, contractors and developers to participate in a presuit process to resolve construction defect claims before proceeding to litigation. This legislation and recent case law have posed many challenges to practitioners seeking productive ways to maximize the benefits from the Chapter 558 presuit process. Sometimes it is best to […]
Read MoreWhat Owners Need to Know About Florida Statute §558.0035
An Owner’s Guide to Construction Defects Claim Documentation – Part II
A Condominium Association’s Guide to Construction Defects Claim Documentation
Don’t Underestimate the Importance of Repair Estimates When Evaluating Your Construction Defect Claim
Life Safety Defects: the Importance of Giving Prompt Notice
So You Have Received a Repair Offer–Now What?
In the past, I have discussed some considerations that property owners, such as condominium and homeowners’ associations, as well as individuals, may have when alleging a claim for construction defects against contractors and developers. Once an offer for repairs of defects has been made, owners may feel both relieved and overwhelmed, as they realize they […]
Read MoreSo You Have Received a Repair Offer–Now What?
Preparing and Presenting the Case
What Developers and Contractors Need to Know About Destructive Testing
Chapter 558 Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners may assert a claim against a developer, contractor, subcontractor or design professional for construction and design defects. It expressly provides for “destructive testing” of the defective areas of the property via written request and mutual agreement. Destructive testing may […]
Read MoreOverview of Florida’s Ch. 558 Process for Developers
Construction problems, such as design defects, poor workmanship, code violations and the like could arise after any construction project, and may signal the beginning of a construction defects claim. Chapter 558, Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners assert a claim for damages against a developer, […]
Read MoreOverview of the Ch. 558 Process for Property Owners
Owners are responsible for monitoring their property for signs of construction problems, which may include design defects, poor workmanship, code violations and the like. Problematic conditions could arise during or after any construction project, such as roof repair and/or replacement, concrete restoration, elevator upgrades and repairs, and work on the air conditioning systems, to name […]
Read MoreFlorida Bar Grants Prestigious Construction Law Board Certification to Two Becker & Poliakoff Attorneys
FT. LAUDERDALE, FL, August 3, 2010 – Becker & Poliakoff, a diversified commercial law firm with more than 125 attorneys in 13 Florida offices, New York City, New Jersey, Nassau (Bahamas) and Prague, today announced that attorneys Michele Ammendola and William H. Strop — who practice in the firm’s headquarters here — have earned certification from the Florida Bar in the […]
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