Almost all new construction is never constructed perfectly. From Tampa across the Frankland to St. Pete; from Palm Harbor to Bradenton; and across the Skyway to Sarasota---- new construction projects including condos, houses and townhomes show defects in many places throughout Tampa Bay. (Even John Mrosek's house!) Many of us have completed projects and realized—- things just are no way near right! What should you do?
1. Get a full inspection of the site
First, get an inspection done of the project. It can be an inspection service as a start (cheaper) or you can retain an engineer (more thorough). It is preferable that your attorney supervise this process to preserve legal privileges but it is not necessary.
2. Send a detailed demand letter: its required before you sue
Second, you will need to have an attorney send a detailed, required report to the builder. A fairly recently passed law requires you to afford the opportunity to the builder to offer either fix the home or pay you money. You both have to agree. And, you have to wait a couple months before you can either sue or demand arbitration (review your contract). In addition, your contract may require pre-suit mediation, which is a settlement conference. The law setting forth the basic claim and notice requirements is Fla. Stat. 558 (Florida).
3. Look out for liens and other landmines
Lien contests are also a occasional nasty issue. There are a number of details you need to worry about and we can help you.
4. We've handled construction cases for over 35 years
John Mrosek has been an active litigation attorney for over 35 years, has handled dozens of construction cases and taken many to a jury trial, arbitration, mediation, and appeal. He has kept abreast of the changes of law. Coming from a family that is half lawyers and half builders, John knows the area..