Published in Construction Defect Journal
In an article published on August 11 on the front page of the Construction Defect Journal, Ball Janik LLP Construction Defect Practice Group Partner Franchesco “Frank” Soto and Litigation Attorney Amanda L. Gonzalez discuss how earthquakes, sinkholes, non-tropical flooding, tornadoes, and hail can reveal latent construction defects across Florida properties. The article explains why property owners, community associations, developers, and their counsel should prepare for catastrophic building stress beyond hurricane season.
“Catastrophic stress on Florida buildings does not always come in the form of a named storm,” write the authors. “Florida’s building code accounts for wind loads, not seismic forces, meaning even a moderate earthquake can reveal weaknesses in curtain wall systems, structural connections, or foundations that were already marginal.”
The authors emphasize the value of thorough pre-event documentation, prompt engineering inspections, and policy reviews that account for earthquake, flood, and sinkhole risks. They also caution against undertaking repairs before conditions are documented and counsel is consulted, because remediation can compromise evidence needed to support a construction defect claim.
“Property owners and associations must move quickly to document existing conditions and distinguish damage caused by the event from pre-existing defective construction,” write the authors. “Property owners, associations, and developers who build readiness plans around all forms of catastrophic stress, not just named storms, will be far better positioned when the next unexpected event occurs.”
Read the article in full here.