Understanding Critical Superseding vs. Intervening Causes in Faulty Construction

If you’re dealing with a construction defect or property damage claim in Florida, you may come across legal terms like intervening cause or superseding cause. These concepts can significantly affect who’s held responsible when something goes wrong during, or after, a construction project.

At Ayala Law, we often help property owners, developers, and contractors navigate legal claims where multiple parties or events are involved. In this blog post, we break down the difference between intervening causes and superseding causes, especially as they apply to faulty construction, and explain how these concepts can make or break your case.

What Is a Superseding Cause in a Construction Dispute?

A superseding cause is a legal concept that breaks the chain of liability. It refers to an event that happens after a contractor’s or builder’s negligent act, but that is so unexpected or independent that it becomes the primary cause of the harm, relieving the original party of legal responsibility.

Example of a Superseding Cause:

Let’s say a contractor improperly installs roofing materials. A few weeks later, a category 5 hurricane hits and causes severe damage. Even though the roof installation was flawed, the hurricane might be considered a superseding cause, so overwhelming and unforeseeable that it shifts legal blame away from the contractor.

What Is an Intervening Cause in a Construction Lawsuit?

An intervening cause is also an event that happens after the defendant’s initial act of negligence, but unlike a superseding cause, it does not necessarily cut off liability. Courts will often ask, “Was the intervening event foreseeable?”

If the answer is yes, then the original party (like the contractor or developer) may still be held responsible.

Example of an Intervening Cause:

Suppose a subcontractor leaves a scaffolding platform unsecured. Days later, another crew working on-site accidentally knocks it over, causing injury. The second crew’s actions might be an intervening cause, but not a superseding one, because it’s reasonably foreseeable that another crew might come into contact with unsecured scaffolding.

How Do Florida Courts Decide Between Superseding and Intervening Causes?

The distinction comes down to one word: foreseeability.

• Intervening Cause: Foreseeable → Does not break the chain of liability
• Superseding Cause: Unforeseeable and independent → Does break the chain of liability

Florida courts look at whether the original negligence set the stage for what followed, or whether the new event was so unexpected that it completely shifted the blame.

Why This Matters in Faulty Construction Cases

Understanding these concepts is critical in construction litigation, especially when multiple contractors, subcontractors, or third parties are involved.

If you’re a property owner suing for damage, the opposing side may argue that a superseding event (like weather, vandalism, or unrelated human error) caused the damage, not their faulty work. If you’re a contractor being sued, you may need to prove that another event, not your actions, was the real cause of harm.

These arguments are especially common in disputes over:

• Structural defects
• Water intrusion
• Foundation or subsidence claims
• Code violations
• Multi-party construction delays or failures

Can Weather Events Be a Superseding Cause in Florida Construction Law?

Florida’s unpredictable climate makes this a common defense. Hurricanes, flooding, and high winds are sometimes cited as superseding causes, but courts evaluate whether these events were truly unforeseeable.

If you’re building in Florida, for example, hurricane exposure is not unforeseeable. So, if a contractor fails to follow hurricane-resistant building codes and damage occurs, they may still be liable.

Bottom line: just because weather is involved doesn’t automatically remove fault.

How Can You Prove or Dispute a Superseding Cause in a Construction Case?

To argue a superseding cause defense or refute one, you’ll need strong evidence and often expert analysis. Your attorney might use:

• Expert reports (e.g., engineers, architects)
• Weather records
• Timeline documentation
• Permits and inspection reports
• Contractual obligations between parties
• Witness statements from site crews or managers

If you’re defending against blame or trying to prove who’s truly responsible, it’s crucial to work with a law firm that understands construction litigation and how causation arguments impact your claim.

Why You Shouldn’t Handle This Alone

Superseding and intervening cause arguments are technical, and case outcomes often turn on how clearly these are presented to the court.

At Ayala Law, we represent both plaintiffs and defendants in complex construction disputes, including cases involving multiple contractors, insurance claims, design professionals, and developers. Whether you’re being blamed for something that wasn’t your fault, or you’re trying to hold someone accountable, we can help you sort through the legal noise.

Key Takeaways

• A superseding cause is an unforeseeable, independent event that breaks the chain of liability.
• An intervening cause is a foreseeable event that happens after the original negligence, but doesn’t remove fault.
• Florida courts focus on foreseeability when deciding if liability should shift.
• These concepts often come up in construction defect or property damage litigation, especially when multiple parties or environmental factors are involved.
• Hiring the right legal team can make the difference between winning or losing a causation dispute.

If you’re dealing with a faulty construction issue and need legal guidance, contact an experienced construction litigation attorney in Miami at 305-570-2208.

You can also contact attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.