Kitchen remodeling is one of the most frequent and popular home improvement projects that homeowners can engage in. The needs for kitchen remodeling are many and varied. Some Orlando homeowners remodel their kitchen to improve the experience they get from using their kitchens. Some homeowners invest in a remodeling project to improve the energy efficiency of their kitchen. Other still go through kitchen remodeling with the intention of increasing the size of their kitchen.
Regardless of the intention, one thing remains constant – the need for stellar workmanship in the implementation of the project in order for the homeowner to realize the full benefits of remodeling their kitchens. So what happens when the contracted kitchen remodeling experts do not implement the project with sufficient and stipulated quality? Of course, the best and oftentimes, the only option is for you should seek legal redress.
Herein, we are going to explore the issues of kitchen remodeling Orlando Florida lawsuits. Undertaking a lawsuit is never a trivial matter, but a complex a very involving endeavor. It is, therefore, advisable to acquaint yourself with the various the various aspects of the process.
Understanding The Laws Guiding Kitchen Remodeling In Orlando Lawsuit
Statute Of Limitation – This statute governs the amount of time after a project is completed that a lawsuit pertaining construction defect may be filed.
Statute Of Repose – This is defined as the limit past which a lawsuit cannot be filed to make claims, under no circumstance. In Orlando, it is 10 years after the completion of the project, handing over of the property to the proprietor, or issue of a certificate of occupancy.
Right To Cure – The right to cure is a stipulation under Chapter 558, Florida Statutes that requires that property owners give a written notice of their intention to seek legal redress, 60 days before the actual filling to suppliers, contractors, subcontractors, and design professionals. In the case of kitchen remodeling, homeowners should provide written to the kitchen remodeling contractor so that the contractor can present a settlement, rectify the defect, or both.
The Various Alternatives In A Kitchen Remodeling In Orlando Lawsuit
As mentioned above, under the Right to Cure, homeowners are required to provide written notification remodeling contractors, thus give them a chance to rectify any defects with the project. However, if there are no fixes to the defects even after notification, you can seek legal redress through a lawsuit.
There are several options that can be used to settle the matter including out-out-of-court settlement, small claims court, and civil court.
#1. Out-Of-Court Settlement – This can be part of the extension of the redress process arising from written notification. In this form of redress, you may engage in either:
– Local agency or building society Intervention – This is especially the case when the contractor is a registered member of construction society. The agency or society may run resolution programs to help with matters of disputes.
– Mediation – Mediation is another option that helps you stay out of court. A retired judge or other experienced mediators can help both parties come to an agreement on how to solve the issue by helping both parties understand the other party’s viewpoint. However, the conclusions of this process are not binding.
– Binding Arbitration – this is another out of court settlement quite similar to mediation. However, unlike mediation, the conclusions of the process are binding on both parties.
#2. Small Claims Court – The small claims court is a good alternative to an out-of-court settlement. The small claims court can handle construction defects claims, which in this case will arise from remodeling your kitchen to the tune of $3,000 to $5,000. The proceedings in these courts are friendly and simple enough for homeowners to make claims without involving lawyers. Additionally, the cost of making the claims is relatively low, approximately $50. However, the cost may rise depending on individual cases.
#3. Civil Court Claims – This is the third solution that homeowners can use with regards to settling a lawsuit and is appropriate for claims that exceed the jurisdiction of the small claims court. However, due to the complexity of the civil court cases, homeowners will most certainly need legal counsel throughout the process of making claims. This means that the process will be the most expensive option of those available to homeowners in Orlando.
Therefore, considering that you are going to spend quite a great deal of money on a lawyer to represent you in the case, ensure you get the very best lawyer.