Construction Warranty Dispute
Summary
The user is facing a construction warranty dispute in florida and is seeking guidance on how to resolve the issue with the builder. They have already accepted a settlement offer of $15k but are now considering legal action. They are unsure if the agreement they signed is binding and enforceable.Full Conversation
there is structural construction issue with the floor and under warranty builder accepted but they are not paying and taking more than 1 year and said one time settlement
What state are you located in, ****? This will help me provide the most accurate information regarding construction warranty laws in your area.
florida
What is the duration of your warranty and when did you first report the issue to the builder?
1 year duration and I reported after 5 months
What was the builder's reason for not paying and taking more than a year for a one-time settlement?
In Florida, construction defects must be addressed within the warranty period.
In Florida, construction defects must be addressed within the warranty period.
They say it’s in process,now they say they will give check which is very less
What is the amount they are offering and how does it compare to the estimated cost of repair?
they offered 15k and the estimate I got is 26k one year ago and now when I went back the estimated guy rejected to do the work for that price
What is the reason given by the estimator for not accepting the previous price?
he says the prices are increased in that 1 year time
What is the current estimated cost for the repair work?
*
What steps have you taken so far to resolve this issue with the builder?
i asked them to increase the amount and they are rejecting and they are saying to take that amount what they offered
Have you considered involving a lawyer or taking legal action against the builder?
no not yet so what steps I need to take ….first can I take the check of * k and fight or with out taking anything I have to fight
Have you signed any agreement or document accepting the $15k settlement from the builder?
yes I did
Did you consult a lawyer before signing the agreement? It's important to know that in Florida, once a settlement agreement is signed, it's generally binding and enforceable.
ok
Did the agreement you signed with the builder include any clauses about dispute resolution or further legal action?
i don’t know that and I missed that doc
Do you have any copies or records of the agreement you signed with the builder?
i missed that doc
Do you have any other form of communication or correspondence with the builder that mentions the agreement or the settlement amount?
i have messages and email
What is the content of the messages and emails you have with the builder?
You accept the offer of 15k in lieu of repairing the tiles in your home
Did you consult a lawyer before signing the agreement? In Florida, once a settlement agreement is signed, it's generally binding and enforceable.
no I didn’t consult any lawyer
What is the reason you didn't consult a lawyer before signing the agreement?
Thanks
Why didn't you consult a lawyer before signing the agreement? It's generally advisable to seek legal advice before entering into any legal agreements.