1. Construction defects in Florida can cause water leaks, mold intrusion, and disruptions to everyday life.
2. Typical sources of water intrusion include roofs, windows, sealant failures, stucco failures, and balconies.
3. Negligence is one possible cause of action that a victim of construction defects can assert against contractors in Florida.
4. To prove negligence in Florida, a plaintiff needs to show that the defendant owed them a legal duty, breached that duty, caused injury as a result of the breach, and resulted in damages.
5. Negligence does not apply if the contractor breached a duty that only existed because of a contract. 1. A tort action can be brought for negligent acts independent from acts that breach a construction contract.
2. Negligence cannot be claimed if the facts and harm are not distinguishable from the breach of contract.
3. Alleging negligence for improperly performing duties in a contract is not a viable cause of action.
4. An intentional breach of contract generally will not create a tort where a tort does not otherwise exist.
5. Breach of contract can only constitute negligence when accompanied by additional conduct amounting to an independent tort.
6. Damages sought in tort that are the same as those for breach of contract cannot be circumvented by bringing an action in tort.
7. To succeed in a claim for negligence, a plaintiff must prove that the contractor breached a non-contractual legal duty.
8. Non-contractual legal duties include those prescribed by statutes and ordinances, as well as the common law duty to exercise reasonable care to prevent foreseeable harm.
9. Violation of a building code constitutes prima facie evidence of negligence, but not negligence per se. – The court must determine whether a common law duty exists in a breach of duty case.
– A contractor assumes a common law duty to exercise reasonable care in the performance of services to prevent harm.
– Defining the reasonable degree of care for a contractor begins with establishing construction industry standards.
– Hiring experts to opine on construction and design standards of care is critical in proving the duty.
– Expert witness testimony is important in establishing industry standards and proving whether the contractor’s performance met those standards.
https://www.jimersonfirm.com/blog/2012/08/contractor-negligence-in-a-florida-construction-defect-cases/
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