When is a construction defect lawsuit necessary?

On Behalf of | Mar 5, 2024 | Real estate disputes |

The point of buying something new is that it is pristine and fully functioning. This expectation goes for residential and commercial real property as well. However, problems known as construction defects can arise, leading to unexpected headaches and expenses and reducing the property’s value. More serious than a leaky faucet or a bad light switch, these errors can be due to a design flaw, material failure, or systemic substandard workmanship. They can cause severe damage over time and may not be immediately apparent. Common examples include water leaks, structural integrity problems, electrical issues, and poor drainage.

 Why it is such a big problem

Construction defects are significant because they can affect your property’s safety, functionality, and aesthetics. These issues often lead to costly repairs and a decrease in the property’s market value. Living with these defects can be stressful, and addressing them can disrupt your life. Moreover, construction defects might also lead to health problems, for example, if mold develops due to water intrusion.

Why litigation may be necessary

If an owner or property manager discovers construction defects, holding the responsible parties accountable is crucial. Litigation may be necessary because construction companies or contractors often deny responsibility or are unwilling to rectify the issues voluntarily. Fortunately, legal action can provide the leverage needed to negotiate a settlement or, if necessary, obtain a court judgment to cover the costs of repairs, legal fees, and other related damages caused by their mistake.

Proving a construction defect

The plaintiff and their team will need to gather evidence to prove a construction defect. This process involves documenting the defect with photos and videos, keeping a record of all communications with the manufacturer, builder or contractor, and obtaining expert opinions from others. A professional inspection can reveal the extent of the defect and the likely cause. Expert testimony can also be crucial in proving that the defect results from negligence or breach of contract. Keep all records of expenses incurred due to the defect, as these can be critical in demonstrating the financial impact.

Navigating the legal process

If you suspect that your property has construction defects, it’s important to act as soon as it is clear that there is a serious and costly problem. Check your purchase documents and warranties for any clauses related to construction defects. Contacting a lawyer specializing in construction law can help you understand your rights and the best course of action. Our firm and construction experts can assist you in gathering the necessary evidence, negotiating with the construction company, and, if necessary, filing a lawsuit to seek compensation for the defect.