Construction Defect Claims / Product Liability Litigation

The attorneys at Vincent F. Vaccarella, P.A. have litigated some of the largest construction defect cases in Florida and throughout the Caribbean. The firm has successfully assisted Owners in recovering hundreds of millions of dollars for correction of construction defects and resulting damage. The firm has also assisted our general contractor clients in passing through defect claims to responsible parties and obtaining coverage and indemnification from applicable policies of insurance, and avoidance of claims arising from design defects or lack of maintenance. In the face of a defect claim, a proactive, thoughtful approach to identification of responsibility and appropriate sources of recovery is a key to a successful path forward, which our firm has navigated many times.

Our cases have included some of the following:

  • Water Intrusion Claims
  • Structural Failure and Collapse
  • Building Envelope Failures
  • Sinkhole claims
  • Unsuitable and Contaminated Soil Claims
  • Product Defect and Product Failures
  • Incompatible Products
  • Delay damages claims
  • Stucco Failure
  • Architect and engineer liability claims
  • Building Code Violation litigation under Section 553.84 of the Florida Statutes
  • Express warranty claims
  • Implied warranty claims under Chapter 718 of the Florida Statutes
  • Contractual and common-law indemnification claims
  • Negligence, strict liability, and other product liability causes of action

We represent developers and other property owners, general contractors, subcontractors, liability insurers, sureties, condominium associations, and homeowners’ associations. Our goal is to bring the client’s case to favorable resolution as efficiently as possible without extended litigation. We routinely assist our clients in navigating the pre-suit notice and remediation requirements contained in Chapter 558, Florida Statutes, and as litigators we enjoy continuing that representation up to and through the retention of an appropriate expert witness, selection of a jury, trial, and appeal, if necessary.

Additionally, our experience litigating insurance coverage disputes allows us to secure our client’s defense and indemnification from available insurance policies, and provide mutually-beneficial dual representation for the client and the insurer once coverage is accepted.