Christopher Weiss

A construction defect is any condition in the property caused by a contractor or other construction professional that reduces its value. Construction defect claims are made against architects, engineers, developers, builders, contractors, suppliers and others. The use of inferior materials, Improper site selection and planning, engineering errors and problems with soil analysis are common causes of construction defects. Common construction defects include water issues, faulty drainage, dry rot, mold, foundation cracks and construction completed not to code. Construction defects are generally divided into two categories: Patent defects are easily observable while latent defects are not. Latent defects may not appear until years after the construction was completed.

Yes

Technically, an unlicensed contractor can sue in Florida. However, it is illegal for a person to perform work that requires a license without having such a license. Because individuals in this nature are directly avoiding the law, the courts do not provide relief to them. Therefore, if an unlicensed contractor sues a property owner in Florida and the property owner can prove that the contractor performed such work without a license, the court will not enforce any contract the contractor had with the property owner. The court does not assume that a person does not have a license. You have to prove this.

A contractor has 90 days from completing work on a property to file a lien in Florida. If the contract was terminated, the contractor has 90 days from the date of termination to file the lien. However, a contractor must also provide a “Notice of Commencement” and post it to the job site no more than 90 days before starting work on the project. Additionally, a subcontractor who is not directly contracted with the owner has 45 days to serve a “Notice to Owner” that notifies the owner and other parties of the subcontractor’s involvement. The property owner can request an affidavit from the subcontractor or general contractor that lists the unpaid services and materials at any time before a lien is filed. The lienor has to provide this information within 30 days of the request.