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Litigation against Florida company still pending

When people move into new homes in Florida, they have the right to expect the buildings to be free of flaws. Florida statutes include building codes regulating the construction industry, and depending on the situation, the party at fault may be the developer, a contractor or another professional. There are a variety of circumstances that allow owners to file lawsuits due to construction defects, but when many parties are involved, the litigation could become complicated.

According to a 2010 lawsuit filed by a south Florida homeowners’ association in 2010, the buildings in their luxury condominium community are plagued with many design and construction flaws. They say that the construction company created more than one affiliate company to contribute to the production of their homes. Now, some of the affiliates involved in the construction work are no longer in business, and the owners say they have been unable to get the parent company to perform the necessary repairs.

In addition to listing construction design defects such as water seepage, the litigation includes breaches of contract and statutory implied warranties, as well as professional negligence. The company named in the suit is claiming that it cannot be held responsible for the work of the contractors and subcontractors.

Identifying who is responsible for a construction defect may be difficult, and this could lead some professionals in the industry to be falsely accused by those seeking to avoid liability. Adequate legal representation may be the answer for those who must defend the integrity of their work in a dispute.

Source: Daily Business Review, “Condo Owners Suing Kolter Hold Buyer-Beware Protest,” Samantha Joseph, Mar. 15, 2016

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