The Law Offices of John Caravella, P.C. does not own this content. This content was created by Jeff Allen and was published to Spectrum News. To view the full article, please click here.
LAKE MARY, Fla. — Homeowners across Florida who want to file legal claims against builders for construction defects now have a much shorter time to do so. In 2023, Florida lawmakers and Governor Ron DeSantis passed a law that reduces the amount of time homeowners and homeowner associations can sue builders for defects – from ten to seven years. A grace period ran out on July 1.
Mary Corr and other townhome owners at Grande Oaks at Heathrow are having major repairs done on their homes while they’re still living in them.
The repairs are due to defects in the original construction. SMH Construction Services are conducting the repairs.
“The entire structure – windows, framing, stucco, everything – so you can see it’s a massive job,” said Corr.
Corr says the defects were only discovered several years after the homes were built.
“When they did that testing and opened up my balcony, the wood was rotted,” said Corr.
Corr serves as president of her HOA. She says if the new law was in place years ago when Grande Oaks owners first discovered the problems, they would’ve run out of time to file suit.
“I had no sign of anything, or I couldn’t physically see anything,” said Corr. “This new law would’ve really hampered me as a homeowner.”
Jeff Widelitz, an attorney with Ball Janik, handles construction defect claims.
“There’s a tremendous amount of new construction going on, and it’s going up faster than we’ve ever seen it before,” said Widelitz. “And with speed comes errors, and that’s what we’re seeing with this new construction.”
Widelitz says lawmakers passed the new law to make the industry more favorable for insurance companies after many left the state.
“Just get ahead of it, because you don’t want to be in a situation where you’re just starting this process at six and a half, seven years, because it can cost you millions of dollars,” said Widelitz.
Luckily, Corr and fellow homeowners at Grande Oaks got their repairs started in time. She has a message for new homeowners.
“Have an engineer come in and really analyze your building, because with the shorter amount of time – time is of the essence – and you’re going to have to get right on it,” said Corr.
And she hopes lawmakers will consider reversing the new law.
“Change it back to what it was because the time is needed to ensure your buildings are structurally sound,” said Corr.
Construction repairs on Corr’s home are nearing an end. She says if she and other Grande Oaks homeowners wouldn’t have gotten a settlement from the builder, each homeowner could’ve faced as much as $80,000 each for the repairs.
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: [email protected] or (631) 608-1346.
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Jeff Allen has been reporting for Spectrum News 13 since November 2012. He’s been making a difference in people’s lives by sharing inspiring stories of everyday people doing extraordinary things in the Central Florida community.
The Law Offices of John Caravella, P.C. does not own this content. This content was created by Jeff Allen and was published to Spectrum News. To view the full article, please click here.