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Question

I purchased a newly built condo in July of 2007. Now, I find that there's a leak in the pipes in the walls between my two bathrooms in the condo. The association says it's my responsibility because it's in my apartment. I believe it was bad engineering by the builders. Are there any builders responsbility laws in FL?

Submitted: 22 days and 4 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Accepted Answer

The builder is liable for any defects in construction, which would include the plumbing, but you would need to determine the exact cause of the leak to make the determination as to whether or not it was a construction defect or because the builder improperly constructed them (negligence) in order to seek to hold the builder liable. The bottom line is things break and unless you can show the builder was negligent or caused the problem, they are not liable just because the pipes are leaking.


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/2/2009

Attorney

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

22 days and 4 hours ago.

Reply

Is there a time limit for their responsibility? It's just that since I've closed on the apartment there has been problems with the bathroom upstairs leaking. The shower handles coming off constantly (which the plumber told me was set incorrectly) and now this issue with the leak. I understand that problems do occur, but since I purchased the apartment, nothing has been done to either of the bathrooms and so I would assume that a leak would only be the result of bad engineering. It's a brand new building, pipes shouldn't leak in 2 years...

Posted by PaulMJD 22 days and 4 hours ago.

Answer

The manufacturing/construction defect has a 10 year statute of limitations under FL law. You need to serve the builder with notice of the defect and give them an opportunity to fix it.

22 days and 4 hours ago.

Reply

Sorry, last question - and then I'll accept :)

Do you have the statute that I can reference when contacting the builder?

Posted by PaulMJD 22 days and 4 hours ago.

Answer

Here is a link to the construction defect statutes: http://www.butlerpappas.com/showarticle.aspx?Ref=list&Show=540

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