Has your community conducted a thorough inspection since the turnover of your association?
In 2023, the Florida Legislature implemented a significant shift in construction defect litigation, shortening the window for filing lawsuits from a decade to merely seven years. For condominiums associations, this seven-year clock does not start until a Board is elected.
This change has profound implications. With just seven years to spot and rectify flaws, the stakes are high, adding up to millions of dollars in unforeseen repair costs. Now, more than ever, timely action is non-negotiable.
The Signs of Construction Defects
Water intrusion is a common issue in quickly constructed buildings, often stemming from improper construction practices. Even seemingly small issues can be signs of water intrusion, including:
- Rusting nails
- Caulking or stucco that’s cracking and separating
- Changes in building color
Another sign of construction defect can be seen on your buildings’ walls. If someone runs their hand on the wall and gets a paint-colored residue, it shows the building is not properly waterproofed. This is because stucco is acidic. If it doesn’t have time to properly cure, it breaks down the paint applied on top of the stucco. This leaves the wall exposed to moisture that seeps into the wall, causing further structural damage.
Effects of Systemic Water Intrusion
Constructions defects tend to be systemic issues within a community. So, if the stucco was done incorrectly on one building, there’s a good chance it was done incorrectly on multiple buildings, if not the whole community. This can lead to extensive water intrusion throughout, with hefty repairs and costs associated.
Water can infiltrate any part of the building envelope that was not properly constructed or waterproofed. Once water infiltrates the structure, it can pool and seep into the different building materials, leading to wood rot and mold growth. Even if the components are not continuously exposed to moisture, the damage is already done, as wood rot continues to breakdown the materials. This wood rot attract termites, further exacerbating the structural integrity of the building.
When It’s Time to Act
When it comes to construction defects, timing is crucial.
- If your community is within the first seven years of turnover, it’s essential to have an in-depth inspection to determine if there are any issues within the community. This allows your association time to act if a systemic construction defect is discovered.
- If you know construction defects are present throughout the community and are still within the seven-year timeframe, now is the time to start a claim.
True has over 20 years of experience in pinpointing construction defects. Our team can provide expert guidance and walk you through the necessary steps to mitigate the impact of construction defects on your property.
If your community is need of an inspection to identify possible construction defects, we can help you navigate the process. Contact us to schedule a free consultation here.
