A lawyer guides the entirety of a legal case. This means they will help you navigate the civil justice system, even if you decide to sue someone for a construction defect. Several issues, including design flaws or artistry errors, can cause construction defects. These can result in major problems for a building while it is being built and later once residents move in.
Representation
Certain expectations and standards should be met if you are involved in a construction project, whether a new construction build or a renovation. If they are not, you may have a construction defect issue. These issues can lead to expensive property damage loss of use for your building/home, and can even cause serious injuries. A construction defect attorney can help you file a lawsuit against responsible parties and get the compensation you deserve. Typically, these responsible parties include the project’s design professional (if there is one) and contractors or subcontractors. However, others can also be held accountable depending on the situation and circumstances. In addition to an experienced construction defect attorney, you will need in-field experts to support your claim. You might need a structural engineer to perform a visual inspection and create a report that proves your case.
Additionally, you must know the statute of limitations and any statutes of repose that apply in your case. A construction defect attorney can help you determine the appropriate timeframe to file your suit to avoid missing the deadline. This is important because you must complete the deadline to file a construction defect claim to recover compensation.
Expertise
Construction defects can result from how something is designed, installed, operated or maintained. Damages might appear immediately (such as a burst water pipe), or they might show up over time (such as shifting foundation). Attorneys have a unique set of skills to help find the underlying cause. They look at the initial construction documents, building codes and more to understand what caused the issue in the first place. They also know how to distinguish between patent and latent defects. Patent defects, like structural cracks or improperly installed materials, should be readily apparent on a thorough inspection. Latent defects, on the other hand, are hidden or only surface once it’s too late. Construction defect cases are complex, expensive and time-consuming. A lawyer can guide you through the legal process of seeking damages from a design professional, general contractor, subcontractor, or other responsible party. They can also help you navigate the intricacies of construction litigation, including various insurance policy coverages and anti-indemnity statutes.
Time
When dealing with construction defect claims, time is of the essence. Most states have different statutes of limitations for bringing construction defect lawsuits, and these timelines can be complex and vary based on the circumstances of the case and the laws in your state. Having the resources on hand to manage these claims is also important. This can include a project manager, an attorney and an accounting professional who will help gather all the necessary documentation and information to defend against the claim. A successful defense in a construction defect lawsuit largely depends on a solid record kept during the work. This is why it’s important to be organized from the beginning of a project, including documenting all changes, working with qualified contractors and ensuring that all plans are followed. Construction defects can result from flaws in how something is designed, installed, operated or maintained. These problems can be seen immediately (like a leaking roof) or may appear over time, such as foundation cracks. The damages caused by these defects are often extremely expensive to fix. These are just a few reasons why having a strong construction defect team is so important. An experienced construction defect lawyer will be able to provide the proper representation you need to protect your business and sleep better at night.
Experience
Construction defects are one of the most common claims in the construction industry. These claims include faulty framing, foundations, moisture intrusion problems, leaking roofs, and improper windows or doors. Determining the cause of the defect and who is responsible can be challenging. An attorney with experience in dealing with construction defects can help you navigate the process and get the compensation you deserve. Damages can include repair costs, loss of value in the property, lost income due to inability to live in your home or use the building, outside experts fees (engineers and other building professional experts), court costs, attorney fees, and more. A construction defect lawsuit typically begins with the property owner. Still, it may involve many other parties, including the architect if they are accused of defective design and the product or material suppliers if they are suspected of providing faulty materials. An attorney with experience can help you sort through the multiple parties and their various insurance policies to determine who should be held liable.
Some construction defects are visible immediately, but others are latent and only become apparent once the structure is completed or put into service. When these defects are discovered, they can result in financial losses, injury to occupants of the property, or even endanger human life.
