Your Legal Rights in a Construction Defect Case

Your home is your sanctuary. It is a safe place for you and your loved ones to enjoy. You trust that the builders of your home did a good job and you invest in improvements by contractors to make it better through renovations. However, from time to time, the original builders or the contractors hired for renovations do not do their jobs properly resulting in construction defects that disrupt your peace.

Construction defects are problems or errors found in the construction work completed on your home. This can be an issue in the quality of work, the materials used, or even the design and engineering. Construction defect lawyers base construction defect cases on the following types of contracts, specifically contracts between your contractor and its engineers, suppliers, and architects; and contracts between you and any party involved in the construction of your home.

As a homeowner, if you notice a construction defect in your home, you can seek legal action to repair damages or recoup losses. Once you determine the party responsible for the construction defect, you can proceed with a legal claim, including the following:

Breach of Contract

Real estate owners can sue the builder or developer for failing to comply with the provisions of the contract. These breaches typically include a breach of an obligation in the construction contract or failure to follow requirements in the purchase or sale documents. These violations can go beyond simply failing to follow plans and specifications, and an experienced construction defect lawyer can review your circumstances to see if breach of contract applies to your case.

Breach of Warranty

Another breach that can occur is a breach of warranty. Breach of warranty means the failure to comply with a guarantee. A sale contract may guarantee the performance of something at the property or the condition of the property

For example, a warranty may guarantee that the motor of an appliance will work for five years. If the motor of the appliance fails after just three years, the company is expected to honor its warranty. Usually, you can expect replacement or the repair of the faulty item free of charge.

Negligence

The law dictates that contractors, subcontractors, and developers must use reasonable care during construction. The term reasonable can be difficult to define, but it generally asks what degree of care a reasonable person in that role would use in the same circumstances.

If the construction expert did not exercise such care, you may have grounds to file a negligence claim. You would need to prove that the contractor acted in a way that did not meet professional standards.

Strict Liability Claims

A claim may be subject to strict liability standard that is imposed on homebuilders and general contractors. If the construction defect was caused by a contractor or subcontractor and it is done by parties involved in mass production of housing, then it is enough that the home is defective to hold the party liable.

Dealing with defective construction is a complicated undertaking. These are just some ways that you can raise a construction defect claim for your home. If you noticed a construction defect at your home, contact an experienced construction defect lawyer at Wilson Reeder & Zudar Law where they can help you evaluate your case and determine your best legal strategy. We are dedicated to making it right if you’ve been wronged.