Legal Liability for Construction Defects
Construction defects are the mistakes and problems found in an already accomplished work done. This includes defects in the material used, designed, workmanship, engineering, etc. A construction defect lawyer represents a typical construction defect case. This case is based on a contract between the property owner and the contractor, or the contractor and the supplier. Homeowners are file these cases to get the matter resolved or get compensation for the damages they suffer. The construction defect lawyer will usually present the following issues to raise a case.
The first issue is negligence since contractors and developers are required to use reasonable care when undertaking construction activities. With this claim, a construction defects attorney will need to prove that the contractor managed the construction process in a way that does not meet the professional standards expected. Negligence may be due to the low qualification of the developer, which would mean serious legal action if proved to be so. The law requires that reasonable care should be taken in such a manner that people who will come to reside in or own the property years later can still sue for negligence in construction.
Another issue for which could lead to a construction defect is a fraud, which may occur where the contractor intentionally misrepresents the construction quality in this field. This is most evident where the constructed building does not meet the standards that the owner paid for. An example is where the floor scratches easily yet the developer had run an advert saying that the floor cannot scratch. To win such a case, the construction defect lawyer must prove to the court that the developer did not intend to follow the agreed specifications and plans.
The third issue and quite a common one is a breach of contract. A case may arise when a property owner sues the developer for not following the issues agreed in their contract. However, a breach is much more than just not following the terms since a court normally applies the doctrine of substantial performance where it can decide that the contractor completed his part if he made a big effort in meeting the terms of the contract. In such a case, the homeowner should pay less because of the error that comes up from not following all the agreed terms.
Another issue is the breach of warranty. This is close to that of a contract but in this case, it is the warranty that is not followed. This comes about if the contractor fails to replace the warranted components while they are still in their warrant duration. The law of warranty changes depending on the state. In some of the states, homebuyers can waive warranties.
The last issue is the strict liability claims. Strict liability is put on the shoulders of the general contractor. The homeowner needs not to prove the negligence of a constructor during the construction. However, with the aid of their construction defect attorneys, they must prove that damage was caused by a defect, there is a defect and the contractor was the cause of the defect.
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