Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine

Source: https://www.lexology.com/, March 24, 2026
By: Caroline Claire Turtle, Wilson Elser

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.

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