Five Questions to ask a Construction Defects Attorney

When it comes to construction, the last thing you want is to have a builder cut corners during your project. In cases where the quality of work is subpar, resulting in defective work, be sure to contact a skilled attorney. Here are five questions to ask a construction defects attorney.

What Kind of Construction Defects Do You Deal With?

A construction defect, is a deficiency in design, material, construction, planning, repair or other building criteria, that can cause potential harm to people or the building itself.

There are two types of construction defects: patent defects and latent defects.

Patent defects tend to be readily obvious or discovered upon inspection. This kind of defect is usually managed under the “Defects Liability Period,” or “Rectification Period” but can cause problems after the project is finished.

Latent defects are construction defects that occur later in the building’s life. For example, a poor foundation may go undiscovered for years but could cause problems later.

Who is Liable for Defects?

When talking to a construction defects attorney it is important to first establish who is liable for the problem. Liability may lie with a design professional, a contractor, subcontractor, or other parties involved. In most cases, the owner is free of any fault but be sure to discuss details with your attorney to best protect your assets.

How to Resolve and Prevent the Defect?

The end goal of meeting with a construction defects attorney is to resolve the defect and to prevent any future harm to anyone involved. Quality control and establishing quality assurance programs may prevent future problems or even similar problems in future projects.

In most cases, removing or repairing the defective work will satisfy the problem. But this process can be time-consuming, it may upheave residents, be costly, and sometimes dangerous. Therefore, it is important to work with skilled attorneys and contractors to find the best resolution possible.

What Happens if I Have a Construction Warranty?

In certain construction defect cases, questions may arise surrounding a construction warranty. In some cases, the warranty may require the owner to replace or repair the defect at the contractor’s expense while others state that the contractor or builder will replace or repair the defect.

Some contracts are regarded as construction guarantees. In these cases, the repair of the defect may be an expense owed by various parties. There is a difference between a guarantee and a warranty, so be sure to talk to an attorney to sort out which is which.

No matter the case, warranties and all construction documents should be read by a knowledgeable attorney as they can be crucial to the case at hand.

Do I Need to Let my Contractor Know?

According to Florida Construction Defect Statute, “If the construction defect claim arises from work performed under a contract, the written notice of claim must be served on the person with whom the claimant contracted.”

In essence, you will need to let your contractor, builder or designer know if their project has a defect in it. It is crucial that you hire an experienced law firm for help on drafting these letters.

For a combined total of 40 years, Bonaquist|Allen of Naples, Florida, has been assisting those affected by construction defect cases.

As skilled and experienced construction defects attorneys, Bonaquist|Allen is well equipped to handle your case. For more on construction defects, or to speak with an attorney, contact Bonaquist|Allen today at 239-276-7127 or by visiting

Leave a Comment

Your email address will not be published. Required fields are marked *