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ARTICLE · 13 SEPTEMBER 2011

Practical Considerations To Recovery For Damages Caused By Latent Construction Defects - Part 1

Holland & Knight
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This is the first in a three-part series of alerts about latent construction defects.

United StatesReal Estate and Construction
James Ramsey
James Ramsey
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J. Keith Ramsey is an Associate and Christopher J. Weiss is a Partner in our Orlando office

Purchasers/Owners of Real Property, Architects, Contractors and Developers Are Impacted

This is the first in a three-part series of alerts about latent construction defects.

Definition of Latent Defects

In the typical construction contract, such as AIA Document 201, there are specific notice and default procedures that an owner must comply with in order to bring an action against the contractor and its surety for known problems that arise from construction. Parties can limit their liability by requiring mandatory notice and default provisions. Additionally, states across the country have statutes that require different types of compliance. Likewise, sureties can plan notice requirements that must be complied with for actions on their bonds.

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