The last thing you want to deal with after years of waiting for your brick-and-mortar store to finally open is a structural problem. Many problems, legally recognized as construction defects, are obvious, like an improperly installed window (you occasionally feel a draft). These defects are referred to as patent defects and are usually quick, inexpensive fixes. 

However, some defects take time to present themselves, such as leaks that cause internal moisture to build up (that better not be mold you’re smelling!). These insidious defects are classified as latent.

Whether patent or latent, there are three common categories construction defects typically fall into.

1. Workmanship Defects

Defects in this category are the result of shoddy labor during construction. The common phrase, “a poor workman blames his tools,” might come to mind in this situation. As long as the materials used in the building of the structure aren’t flawed and the design plans are determined to be solid, then defects are almost always to be blamed on the construction process. 

2. Material Defects

When the builders are not at fault, you should look to the raw materials that comprise your building. Material defects can be patent, such as flawed roof materials that allow leaks when the first rainstorm comes, or latent, like metal fixtures that prematurely corrode or rust. Builders may unknowingly use defective materials. Sometimes, however, they are aware of faulty materials and will not say anything to cut costs and corners. In this case, you could (and should) pursue a claim against the laborers. 

3. Design Defects

Sometimes, construction defects can be due to flawed blueprints or design plans. Certain regulations and codes often guide the creation of structural designs, so there are certain assurances afforded to owners during the design process. Design flaws due to actual malice on the part of engineers or architects are extremely rare. The error of omission is almost always to blame when it comes to design flaws.


Construction defects lower the value of your structure and, more importantly, pose a physical threat to you and others who use the building. This was a rampant issue with homes built right before the 2008 housing crisis when developers rushed to meet demand from homeowners. Florida was ground zero for the crisis. 

If you think your structure might have a defect that was incurred during the design, construction, or material selection stage of the building process, we are eager to help you find stability in your living situation. Call us at (305) 223-9811 to get the relief you deserve.