Construction defects can derail projects and render homes or commercial buildings unsafe. As such, it is crucial for the involved parties to address the alleged defect promptly and thoroughly to ensure any potential or actual issues get resolved.
However, this is typically easier said than done. At virtually every step of the legal process, there is room for disputes to arise. Being aware of these potential disputes can help parties prepare their cases and appreciate the importance of having legal guidance.
Identifying the defect
In order to start addressing a construction defect claim, parties must first determine whether there is, in fact, a defect. Common signs of a defect include structural failures, water intrusion, and missing parts. However, there could be other reasons for these conditions that may not be related to a defect.
A close examination of the problem and the construction process will typically be necessary to confirm or dispute the presence of a defect.
Determining who is liable for a defect is another challenge that often arises. Construction projects typically involve multiple parties from suppliers and designers to contractors and subcontractors.
To determine liability in every case, parties must consider state laws, contractual agreements and project specifications.
Calculating damages, identifying remedies
Assessing the damage resulting from a defect is often technical and complicated. Parties must take into account expenses including costs to repair and the cost of having to relocate. There may also be personal injury damages, business-related losses and legal fees to consider.
Properly calculating damages will be essential in pursuing a fair resolution.
Do not confront these issues alone
Considering all that is at stake in construction defect claims and the numerous opportunities there are for conflict to arise, it is crucial to have guidance if you are involved with in this type of dispute. Whether you are a homeowner or a contractor, it is important to consult an attorney to understand the legal landscape as well as how you can protect your rights throughout this process.