Mitigation Of Damages In Construction Defect Claims: Applying Florida's Avoidable Consequences Doctrine

Background

A roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer's scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence surfaced that the homeowners association failed to reasonably maintain the roofs or take appropriate steps to mitigate alleged losses.

This scenario reflects a recurring issue in construction defect litigation: claimants often seek to recover for damage that was exacerbated – if not caused – by their own failure to maintain the property. Roofing systems require periodic maintenance to remain watertight. When homeowners associations neglect necessary repairs, ignore active leaks, or fail to conduct routine inspections, they allow conditions to worsen – sometimes significantly.