When something goes wrong on a construction project, the damage can be more than just cosmetic. Construction defects in design, materials, or workmanship can threaten the structural integrity of a building, put workers, residents, and customers at risk, and cause massive financial loss.
Understanding liability is essential if you’re a property owner dealing with serious safety hazards, a contractor facing allegations of defective work, or a subcontractor caught in a contractual blame game. In Florida, the law doesn’t always make it easy, but knowing where liability starts and ends can help you avoid disaster or respond effectively to a claim.
Common Types of Construction Defects
Construction defects fall into two main categories: design errors and construction flaws. Design errors arise when the plans themselves are flawed (whether from an architect’s oversight or an engineer’s miscalculation). These problems are usually baked into the project and only become apparent after damage occurs or systems fail under stress.
Construction flaws, on the other hand, involve poor execution. These can include using inferior materials, cutting corners during installation, or failing to follow the specifications provided. Improper electrical wiring, plumbing issues, uneven foundations, or improperly secured windows are all common examples that can lead to costly repairs or physical injury.
Even defects that seem small, such as a leaking pipe or improperly fastened railing, can create large problems if they damage surrounding areas or cause harm to others. Identifying whether a defect came from a planning issue or poor workmanship is the first step toward holding the right party accountable.
How Liability is Determined in These Cases
A single construction project involves many hands, each with their own responsibilities. When something fails, Florida law looks closely at who had control over that part of the job.
Architects and engineers carry responsibility for the design phase. If a staircase lacks appropriate safety warnings or structural calculations are incorrect, the liability may point back to them. Similarly, if a roof collapses even though builders followed the plan perfectly, it may be the engineer’s mistake, not the contractor’s.
General contractors oversee construction and carry a broad set of duties. When they delegate work, they often remain accountable for the quality of the final product. If their subcontractors make errors, whether through negligence or failure to meet industry standards, the general contractor may still be responsible unless they can shift liability based on their contracts.
Subcontractors handle specific tasks like electrical wiring, plumbing, roofing, or HVAC installations. If faulty workmanship on their part directly leads to a problem, such as exposed wiring causing injury or poor pipe installation leading to water damage, they can be held liable for their portion of the project.
Property owners can also face liability under certain conditions. If the owner takes an active role in safety decisions or fails to implement protective measures on-site (like fencing in areas with frequent child pedestrian traffic), they may be legally responsible for resulting harm.
Contracts often dictate how liability is shared or shifted between parties. Indemnification clauses are common tools used to shift financial responsibility from one party to another, especially when lawsuits arise. Many contractors and subcontractors carry insurance to cover these scenarios, but that doesn’t eliminate the need to understand exactly who is on the hook when something goes wrong.
Pursuing or Defending Against Construction Defect ClaimsWhether you’re a property owner seeking repair costs or a contractor facing allegations, your next step matters. Construction defect claims in Florida are time-sensitive and require careful legal analysis of both the facts and the contracts involved. At Florida Construction Law Group, we help clients pursue claims and protect themselves against unfair accusations. Contact Florida Construction Law Group to get the legal solutions you need before the damage worsens or liability is placed in the wrong hands.
