How is fault determined in a construction dispute?

In the state of Florida, fault is determined in a construction dispute under the concept of comparative negligence. Comparative negligence is a legal theory that divides fault for an injury between different parties involved in an event. In the case of a construction dispute, a court will review the evidence in order to assess the degree of fault based on the actions of each party. Under the comparative negligence theory, a court will compare the care and diligence of each party involved in the dispute to determine who has caused the most harm. For example, if the contractor has failed to meet building codes and standards, a court may find that the contractor is more at fault than the owner who hired the contractor. The court will then assign a portion of fault to each party in proportion to their negligence. The comparative negligence theory is useful because it allows for a more complete and fair assessment of fault between multiple parties in a construction dispute. It also serves as an incentive for both parties to take care and to exercise proper diligence in order to avoid legal actions. However, the exact degree of fault can often be difficult to determine, and the courts may require expert testimony or other evidence to accurately assess the degree of fault in a construction dispute.

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How is fault determined in a construction dispute?

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