The Florida Supreme Court recently decided Maronda Homes v. Lakeview Reserve, a construction case based on breach of implied warranties of fitness and habitability. Lakeview Reserve Homeowners Association sued over defects in common areas, roadways, drainage systems, underground pipes, and retention ponds. At issue was whether the roads and drainage systems, “offsite improvements”, were so […]
Knowing the applicable deadlines for bringing a construction warranty claim can make the difference between a win and a loss. Generally, a person has 4 years to bring a warranty claim in Florida, although there are exceptions and other rules that may come into play depending on the actual circumstances surrounding the claim.
Far too often, feelings of elation and the excitement of purchasing a new condominium can sour when the buyer becomes aware of one or more construction defects. A dream unit can become a nightmare once flaws, both patent and latent, are encountered after the developer has turned over the project and left the site. Who is accountable for the necessary repairs?