General

Do you have a viable construction defect claim?

In the course of a construction project there are many things that can go wrong. Sometimes the issues that arise are minor and can easily be addressed. In other situations however, it is possible that it will be necessary to use the legal system to resolve them. One issue that could prompt this is construction defects.

Multiple things could constitute a construction defect. Some, such as cracks in the roof, wall, floor or foundation have to do specifically with the structure erected. Also included in this group are structural failures, dry rot, mold and water issues.

Others involve systems installed in the structure such as heating and electrical issues. Construction defects also encompass issues involving the area outside the structure such as faulty drainage and landscaping and soil.

These defects can be due to decisions made throughout the course of the construction process starting with planning and site selection, extending to the use of defective building materials and constructing the structure in a negligent manner, among other things.

What someone may be able to recover via a construction defect lawsuit varies depending on the specifics surrounding each case. In addition to the decline in the value of one’s home, the cost of repairs may be recovered. In some cases the following may also be secured:

• Court costs.
• The cost of temporary housing.
• Loss of the use of property while the repair is taking place.
• Attorney’s fees.

It is possible that individuals who are hurt as a result of construction defects could find success in a personal injury lawsuit as well.

Large amounts of money can be tied up in property and making improvements. When something goes wrong with that process it can result in great financial loss. Working with a lawyer to try to recover damages for construction defects can help to remedy the situation.

Source: FindLaw, “Construction Defect FAQs,” Accessed Sept. 25, 2014

Mon Aug 27, 1:58pm