Jacksonville Legal Blog
Construction defects can have lingering effects in homes. From causing discomfort to rendering a space unlivable, a single construction error can have widespread consequences and require thousands of dollars to fix. However, it appears that residents of condominiums may experience construction defects more often than their counterparts in single family homes or townhouses, according to a new report by Community Associations Institute (CAI), a nonprofit focused on “community association education, governance, and management.”
The CAI study was compiled by examining the scale of litigation surrounding claims of construction deficiencies and their impact on homeowners.
The most common deficiencies
The report showed that the most common complaint was of poor workmanship, showing up in some 81% of respondent cases. The poor workmanship was generally manifested in plumbing issues including leaks, as well as electrical and mechanical problems and cracks in the foundation walls. In more than a third of respondent cases, homeowners reported that the construction errors were negatively impacting the value of their property.
Can homeowners seek damages?
With a tangible negative effect on the value of their homes, homeowners are asking whether or not they can pursue claims against construction companies and contractors in court. However, for years, state legislatures have been drafting ordinances aimed at limiting a community association’s ability to seek relief from damages due to construction deficits.
As a result, nearly half of all claims are resolved outside of a courthouse, with emerging due to direct negotiation. In addition, the CIA report shows that it often took up to a year for communities to recover damages, with more than two thirds reporting that the damages were not enough to cover the cost of repair.
Source: Construction Defects More Prevalent In Condo Projects, Builder Online, 3 March 2017