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Construction Defect Law

Construction Defect Law

January 12, 2024
construction-defect-law

Construction Defect Law

In order to successfully litigate a construction defect case, your attorney must specialize in construction law. In doing so, they will have extensive knowledge of what goes into construction processes and activities.

Construction defects often originate somewhere within the following stages:

  • Construction
  • Supervision
  • Inspection
  • Planning
  • Design

This is true for both residential and commercial construction projects. The main role of your construction defect attorney should be to prove what caused the defect to happen in the first place while assessing the costs related to the damages.

While it’s true that construction defect laws vary from state to state, the basic legal standard for negligence is contingent on the structure failing to perform in a way that is reasonably intended by the buyer.

Moreover, if a contractor wishes to dispute a defects claim, they will need to show that they built a residence or business in a manner that is reasonable. The majority of construction defects are the result of defects in design, materials, or subpar workmanship.

The latter could be contractors building without proper supervision, trying to complete a job too quickly, or cutting corners in an attempt to save either time, money, or both.

The worst examples of construction defects are those that allow for moisture intrusion (i.e., poor roofs, insufficient plumbing, or badly installed doors or windows). Water leaks can result in an immediate slipping or falling hazard.

However, some can go undetected for several years, thereby causing extensive moisture damage. This can consist of rotting wood, mold, mildew, decay, or all of the above.

It’s also possible for defective construction to occur during pre-construction planning, which can include improper preparation or analysis of a construction site. As such, this can result in structures being built in areas that are at risk of earthquakes, sinkholes, collapsible soils, and other hazards that leave the building vulnerable to damage.

An experienced defective construction attorney can help you estimate the financial costs of faulty construction. Oftentimes, these costs go far beyond repairs. And if the defective construction in question pertains to a commercial building, the property owner could potentially lose substantial revenue each day that the building isn’t being used for what it was intended.

Defective construction can also cause the value of a property to be greatly reduced. This is a problem that can go on well after repairs are complete, resulting in the building developing a bad reputation.

Furthermore, some construction defects can put people’s health and safety at risk. Anyone who gets injured as a result may be entitled to compensation to help cover medical bills and things of that nature.

When you hire the right defective construction attorney, you can trust that they will attempt to secure the most beneficial settlement for your needs. Depending on the damage that resulted from the defect, this could be a substantial amount of money.

What Causes Defective Residential Foundations?

There are several potential causes behind defective residential foundations. Poor materials can result in the foundation not being as reliable or durable as it is intended to be, thus causing it to fail much sooner than it was initially designed.

Defects in the land can also lead to defective residential foundations. If the soil conditions or topography of the construction site are not properly assessed prior to the start of the building process, the foundation of a structure can become weakened, leading to other defects in the construction over time.

Poor workmanship can be responsible for defects in the foundation, as well. Whether due to negligence or improper construction, cracks can form in the foundation or load-bearing walls, leading to severe damage. Not only that, but it might result in problems with plumbing or electrical concerns.

Hire an Experienced Defective Construction Attorney

Are you currently faced with a defective foundation in your home? Then you need to make sure that you hire a personal injury attorney who is well-versed in construction defect laws. In doing so, you can trust that you will be represented by a qualified expert who understands the intricacies of defective construction.

As such, you will have a much better chance of getting the compensation you deserve, thus allowing you to restore your home to a safe living environment for yourself and your loved ones.

This is the main question. The short answer is “it depends.” Most homeowners have windstorm coverage in their standard insurance policies. While the language can vary somewhat, usually you are covered if a named storm causes damage to your roof, causes water to enter your home or business or otherwise causes damage to the structure.

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