The Team at the Horton Law Group, P.A. is well-versed in handling construction defect claims and disputes. We are aggressive litigators and if we cannot settle your case pre-suit, we will litigate your case through trial. We got you!
Why Hire the Horton Law Group, P.A?
The principal partner at the Horton Law Group, P.A. – Attorney, Sommer C. Horton has been litigating cases for 20 years. She is an experienced and aggressive estate litigator. She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.
Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each and every one of her clients – every step of the way. Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your estate plans for you so that you and your family are protected. In addition, she can assist you with your business planning, estate planning and asset protection needs too.
The Horton Law Firm, PA is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing [email protected].
Statute Of Limitations
Per Fla. Stat. § (1)(e)(c), the current statute of limitations is four (4) years, begins tolling upon the following events – whichever transpires latest.
- On the Owner’s Date of Possession of the Construction.
- The Date of the Issuance of a Certificate of Occupancy.
- The Date of Abandonment of Construction If Not Completed.
- The Date of Completion of the Contract or Termination of the Contract Between the Professional Engineer, Registered Architect, Or Licensed Contractor and His or Her Employer.
However, if an action involves a latent defect, the statute of limitations will begin to toll when the defect is discovered or should have been discovered with due diligence. The statute of limitations extends to ten (10) years when an action involves a latent defect. Further, the statute of limitations will begin to toll when any of the events occurs latest:
- After the Date of Actual Possession by the Owner.
- The Date of Issuance of a Certificate of Occupancy.
- The Date of Abandonment of Construction If Not Completed.
- The Date of Completion of the Contract or Termination of the Contract Between the Professional Engineer, Registered Architect, or Licensed Contractor and His or Her Employer.
Counterclaims, crossclaims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may be commenced up to one (1) year after the pleading is served, even if such claims would otherwise be time barred. Fla. Stat. § (1)(e)(c).
Remedies
Per Florida Statute § 558.004(5), within forty-five (45) days of receiving service of the notice of claim, the contractor, subcontractor, supplier, or design professional must serve a written response and provide one of the following:
– An offer to remedy the defect at no additional cost to the Claimant, providing a detailed description of the necessary repairs and reasonable timeframe for completion.
– An offer to settle the claim by a payment of money.
– A combination of repairs and monetary payment, also providing a detailed description of the necessary repairs and reasonable timeframe for completion.
– A statement that Claimant’s claim will remain disputed and there will be no attempt to remedy the defect or settle the claim.
– Or a written statement that any monetary payment will be determined by the contractor’s, subcontractor’s, supplier’s, or design professional’s insurance company within thirty (30) days.
Under Florida Law, if the Claimant timely accepts the offer to repair a construction defect, the claimant must provide the offeror and the offeror’s agents reasonable access to the Claimant’s property during “normal working hours to perform the repair by the agreed-upon timetable as stated in the offer”. Fla. Stat. § 558.004(5).
If the offeror does not make the payment or repair the defect within the agreed time, except for reasonable delays beyond the control of the offeror, including, but not limited to, weather conditions, delivery of materials, Claimant’s actions, or issuance of any required permits, the Claimant may, without further notice, proceed with an action against the offeror based upon the claim in the notice of claim. Fla. Stat. § 558.004(5).
If the offeror makes payment or repairs the construction defect within the agreed time, the Claimant is barred from proceeding with an action for the claim described in the notice of claim. Fla. Stat. § 558.004(5).
Why Choose HLG
Construction Defect litigation can be challenging and voluminous. We understand the importance of resolving construction defects in a timely manner as your family’s home may be at risk. The attorneys at the HLG have been practicing Construction Law for nearly twenty years. We work for you to achieve the best possible outcome. We look forward to working with you.
Why Hire the Horton Law Group, P.A?
The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, has been litigating cases for 20 years. She is an experienced and aggressive estate litigator. She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.
Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each and every one of her clients – every step of the way. Ms. Horton will spend time with you to make sure you understand the law and understand your rights.
The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing [email protected].
