Chaska, MN asked in Construction Law for Florida

Q: FL Surveyor Mistake - new construction home positioned too close to drainage easement

The construction VP from our FL builder notified us that the surveyor made a mistake in the location of our house on the lot in the plot plan. It is too close to the drainage easement. Construction started, the tie in location was confirmed, and the house is now almost to the drywall phase. The construction VP said it could compromise the structure of the home. We either need to get a variance approval to continue building in the current location or an approval to tear it down and start the whole process over; he stated we "might not get a solution anytime soon". What options as the buyer do we have in a situation like this due to the surveyor's error?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Was the surveyor working for the builder or for you? If the surveyor was working for the builder, you could perhaps sue both for the cost of redoing the job.

It doesn't appear that a variance would work if the structure of the home could be compromised. Perhaps you are suggesting that remedial construction would be cheaper, but that would require a variance. If so, obviously, that work, along with the cost of obtaining a variance, should be paid for, again either by the surveyor, the builder, or both.

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