Protecting Your Interests

Professional negligence is when a construction professional fails to perform their responsibilities according to the standards specified within the contract or their profession. 

Negligence claims are particularly common if the actions of a construction contractor, subontractor or other professional resulted in a safety hazard for the property owner or building occupants.

The plaintiff must prove that the defendant failed to exercise reasonable care, workmanship, and professional skill, which resulted in the construction work, design, or construction administration not meeting industry standards. 

If the construction of a building fails to follow the obligations, plans, specifications, and requirements set forth by the construction contract, the construction professionals involved may be held in breach of contract.

With a breach of a warranty claim, the plaintiff claims that a construction defect that was discovered after the end of the project was due to the defendant’s failure to uphold the warranty on the property. 

Limited-time warranties are common on construction projects. If a defect is found within this time and not repaired according to the warranty, the original owner or subsequent owner may be able to file a claim.

Construction negligence is one of the most common types of malpractice lawsuits faced by construction professionals in Florida. We often represent architects and engineers in such cases.

According to Florida law, negligence is a failure to act with reasonable care. All specialized work on the project should be conducted with the skill required for it to result in safe and lasting work. 

For instance, architects or engineers could be accused of negligence if they designed or approved the design of a structure that failed to comply with building codes, safety regulations or other requirements.

In other words, if they fail to meet a duty of care to ensure that the building is safe for the occupants.

Construction defect claims are also common lawsuits against contractors and subcontractors and substandard materials could be grounds for a negligence case against a supplier.

Malpractice claims can get complex and it is generally advisable to discuss your situation with a construction malpractice attorney before taking any action if you are accused of negligence.

Acting in good faith ensures that actions are lawful and fair. Bad faith actions, such as avoiding payments or unfairly reallocating work, can lead to legal challenges and costly outcomes.

Common defenses include proving that the professional acted with reasonable care, the plaintiff's claims are unfounded, or the issues were resolved according to industry standards.

A defense lawyer has the expertise to navigate complex malpractice claims, ensuring that professionals are protected and disputes are resolved efficiently.