Video FAQ – Florida
- Am I required to make repairs while the construction defect lawsuit is pending? Can I recover these costs in the construction defect lawsuit?
- How do I know if my association suffers from construction defects?
- How do I prove that a construction defect exists?
- How do I recover for construction defects if the building or developer is out of business, cannot be located, or is bankrupt?
- How expensive is it to prosecute a construction defect claim?
- How is a construction defect proved in court?
- How long can we wait before pursuing our association’s construction defect claim?
- How long do construction defect cases take to resolve?
- What are some of the most common types of construction defects?
- What causes a construction defect?
- What fee structure works best for a client with a construction defect claim? Hourly rates or contingent fees?
- What is a building code?
- What is a construction defect?
- What is a tolling agreement and why would we want to use one?
- What is Chapter 558 and how does it work?
- What is the difference between a building inspection and a home inspection?
- What kinds of damages can be recovered in a construction defect case?
- What should I do if the developer has agreed to make the necessary repairs?
- What types of damages are recoverable in a construction defect suit?
- Who is responsible for construction defects?
- Who pays for the damages in a construction defect case?
- Why are hidden defects potentially a serious problem?
- Will my association recover enough money to repair all of the defects?
- Will the homeowners or homeowner association’s insurance company cover damages caused by construction defects?
- Am I required to make repairs while the lawsuit is pending? Can I recover those costs in the lawsuit?
- How do I prove that a defect exists?
- Does the Board’s Directors and Officers Liability Insurance cover the cost of repairing construction defects if the Board does nothing?
- What is a latent construction defect?
- What is a patent construction defect?
- What is the effect on a construction defect claim of the 4 year statute of limitations expiring?
- What is the effect on a construction defect claim of the 10 year statute of limitations expiring?
- Can I sell or refinance my home during construction defect litigation?
- What rights does an association have if a developer is bankrupt?
- Can I sell or refinance my home during the litigation?
- What is the statute of limitations for bringing a construction defect claim?
- What is a fiduciary duty?
- Do Board members have a fiduciary duty?
- Does the Board have a fiduciary duty to investigate for construction defects?
- Does the Board have a fiduciary duty to bring a claim if it is aware of construction defects?
- Does the Board have a fiduciary duty to file a lawsuit if the Builder won’t fix the construction defects?
- Are lawsuits really necessary to resolve a construction defect claim?
- Are there any time limits on filing a lawsuit for repairs in a construction defect case?
- Does an association need an attorney to make a construction defect claim against a developer or contractor?
- If an association sues for construction defects, does this mean we will probably take the claim to trial?
- In a construction defect case, who pays a successful claimant’s attorney fees?
- Is it true that construction defect arbitration is cheaper and faster than a construction defect lawsuit?
- Is the association or the homeowner responsible for pursuing construction defect claims?
- Should I make repairs while the construction defect lawsuit is pending and can I recover those costs in the lawsuit?
- The developer or building offered to fix the defects if the association’s board signs a waiver. What should we do?
- Under a contingent fee agreement for a construction defect claim, who advances costs? The attorney or the association?
- How do I recover if the builder/developer is out of business, cannot be located, or is bankrupt?
- What is an SIR?
- What kind of communication should we expect from our construction defect attorney?
- If we have a construction defect claim, should we hire the attorney on a contingency fee or pay the attorney hourly?
- Is there anything we have to do before we can bring a construction defect claim?
- Should we hire the Association’s general counsel or collection attorney to handle our construction defect claim?
- What does the builder’s warranty cover?
Construction Defects
- How long does the developer transition take?
- What are the responsibilities of the developer after the transition?
- What are the responsibilities of the developer before the transition?
- What are the responsibilities of the homeowners or condominium owners after the transition?
- What are the responsibilities of the homeowners or condominium owners before the transition?
- What are the rights of the developer after the transition?
- What are the rights of the developer before the transition?
- What happens when a property transitions from developer control?
- Who decides the transition date?
- How long does the developer control period last?
- How do the homeowners or condominium owners prepare for the developer transition?
- What are the rights of the homeowners or condominium owners after the transition?
- What are the rights of the homeowners or condominium owners before the transition?
- Can the developer retain seats on the board after the transition?
- Can the incoming board change the budget and/or rules put in place by the developer?
- Do homeowners or condominium owners have any participation on the board prior to the transition?
- How does the incoming board request documents from the developer?
- How often does the incoming board meet?
- When does the incoming Board meet?
- Should the incoming board hire a CPA to audit the records of the developer?
- Should the incoming board hire a lawyer?
- Should the incoming board hire a property management company?
- Should the incoming board hire an engineer to perform a comprehensive inspection of the property?
- What are the responsibilities of the newly elected owners to the board?
- What if the incoming board does not agree with contracts that the developer signed?
- What is a phased-in appointment of homeowners to the board of directors?
- When do the homeowners or condominium owners select the incoming board?