Becker & Poliakoff

Construction Defects

Celebrating its 50th year in practice, Becker is proudly recognized as the leader in the representation of community associations throughout Florida. Becker has more board-certified community association attorneys and construction attorneys than any other firm in the state of Florida. Working together, our Community Association and Construction attorneys can help our clients prevent or mitigate any potential defect disputes from arising, and if they do arise, the firm’s lawyers have the expertise and experience in resolving high-stakes controversies through litigation, mediation, and arbitration, as well as securing insurance coverage for many of these claims.

We are known throughout the United States for representing commercial and residential property owners, community and homeowner associations, developers, and other plaintiffs in complex construction defect cases. Our group’s understanding of the many technical complexities of construction defect cases, the challenges presented during turnover, and familiarity with insurance coverage claims are just a few of the many aspects that set our group apart from other law firms with construction defect practices.

Becker attorneys understand that the first, and most important, step in any construction claim is to fully analyze a client’s claims and present to the client the strengths and weaknesses of those claims and the probability of success. We will review the statute of limitations and the statute of repose, obtain a permit file, an engineering review and repair estimate, and thoroughly review the reports. We are adept at preparing and navigating Chapter 558 claims (“Notice and Right to Cure”), which make demands on the developer, contractor, and subcontractors. Becker has an unparalleled record of success in recovering the money associations need to repair damage to common elements caused by design and construction deficiencies.

Becker has counseled hundreds of associations throughout the turnover process. Services include advising owners’ ad-hoc committees in the pre-transition phase of the Community’s evolution. Additionally, we provide legal counsel for post-transition, unit owner-controlled Association on developer issues, including the resolution of warranty, reserve funding, accounting and representation claims, and the establishment of on-going operational controls. Becker will handle all negotiations with the developer including those involving financial and design defect issues.

The firm has handled numerous and varied construction-related cases, many of which have involved complex delay issues with a multitude of defendants, and scores of construction defects. Our attorneys represent clients in both transactions and disputes ranging from single- and multi-family dwellings to large commercial buildings, planned unit developments, multi-use retail, industrial and governmental projects.

Our 5 decades long dedication to our continuing education, thorough review of the case, and care about our client’s well-being is a testament to our commitment of upholding the highest standards of skill, specialty knowledge, proficiency, professionalism, and ethics in law.

A Sampling of Representative Cases From 2021 Through 2022

  • Litigation against Developer, General Contractor, Architect, and Subcontractors regarding numerous defects in the construction of a 13-story beachfront condominium in Okaloosa County, Florida. Settled for $4,562,000 in March 2023.
  • Construction defect litigation against three different builders regarding defects to 37 townhome buildings and site/civil infrastructure. Settled for $4,925,000 in March 2023.
  • Construction defect litigation against roofer and general contractor after botched renovation project. Settled for $1,475,000 in January 2023.
  • Construction defect litigation against one of the nation’s largest homebuilders regarding defects to 71 townhome buildings and site/civil infrastructure. Settled for $13,264,865.28 in October 2022.
  • Litigation against Developer/General Contractor regarding 13 townhome buildings with construction defects at an Association in Collier County. An additional subcontractor settled by agreeing to perform remedial work at the community in addition to the amounts paid by the other parties. Settled for $725,500 in July 2022.
  • Construction defect litigation against subsequent developer and original contractor regarding defects to roads, drainage, and site/civil infrastructure. Settled for $950,000 in June 2022.
  • Litigation against Developer/General Contractor regarding 13 townhome buildings with construction defects at an Association in Collier County. Settled for $3,500,000 in March 2022.
  • Construction defect litigation against original and subsequent developer regarding turnover/reserve funding issues and defects to roads, drainage, and site/civil infrastructure. Settled for $1,755,000 in February 2022.
  • Construction defect litigation against neighboring owner that flooded the property leading to the partial collapse of two residential buildings. Settled for $2,025,000 December 2021.