Should we be concerned about construction deficits litigation?

Jason Kellog article

Lawyer Jason Kellogg, a partner at Miami-based¬†Levine Kellogg Lehman Schneider + Grossman, has written an article where he suggests “construction litigation is coming” because of potentially shoddy work as a result of Florida’s construction market resurgence.

“The construction boom is bound to bring with it construction defects litigation,” he wrote in a Daily Business Review article. “This trend may be ignited further by the shortage of skilled subcontractors working on these projects.”

Although reports seem to indicate that the situation is improving, the plumbing, electrical and mechanical trades experienced a dearth of experienced workers. This trend was due in part to many of them fleeing the industry during the economic downturn.

In any event, developers would be wise to look into the talent being used to build their projects, to make sure that inexperienced tradesmen are not creating expensive problems for lawyers to find down the road.”

He says other issues to watch for include:

  • Changes to the construction disputes statute;
  • Changes to the condominium temination statute:
  • Developers Can Begin to Benefit From the 2012 Statute on Offsite Improvement Warranties
  • Bigger Deposits May Mean More Lawsuits If the Condominium Market Declines Again


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