Construction defect litigation is a fairly recent concept, one that revolves around breaches on warranty, contracts, or blatant negligence.
Property managers and homeowners now have a chance to prove negligence from builders, if the property they have purchased is deemed defective. If perhaps, the defective construction is a direct result of gross negligence and has resulted in injury, then you, as the homeowner, can sue for damages.
What is a construction defect?
It is important to note that construction defects operate on different levels. They exist both during construction and after. There are also scenarios where defects occur years after construction, which is why it is important to understand what they are, and what causes them.
Construction defect litigation is tied to whether the defects in question are as a direct result of negligence, or if they are simply a case of wear and tear. In litigation, for instance, issues like a faulty drainage system, structural failure, or even basic electrical system failures can all be attributed to poor workmanship.
Also, further research into causes of most defect can point towards defective construction materials, poor preparation and negligent construction. All these can be grounds for litigation.
Importance of Experts in Construction Defect Litigation
The first and most important part of construction defect litigation is to get a litigator who is well versed in the intricacies of these kinds of lawsuits. Because it is a recent practice, it is crucial to get the right person for the job.
It is also worth noting that the majority of these cases rely on expert opinion. This means for your case to be successful, you will require experts to investigate and corroborate your claim of negligence or poor workmanship on the builder’s end.
What complicates the issue further is the fact that although some defects are readily visible, some may take years to manifest, which makes proving strict liability that much harder.
Why You Need a Construction Defect Attorney
Construction defect litigation isn’t just limited to property managers and homeowners, consumers, employees and even passers-by all deserve a chance to seek compensation from any form of negligence or poor workmanship.
The biggest challenge in this kind of litigation is the fact that it is a complex process. This means that without the right counsel, your chances of getting a successful lawsuit are pretty slim.
You need an attorney that is well versed in personal injury litigation and one who won’t waiver until the guilty party is held accountable, and you get the compensation you deserve.
Damages You Can Recover With Construction Defect Litigation
The reason an industry specialized attorney is important in this type of litigation is the fact that some assets can be recovered, and some that can’t. Recoverable damages depend mostly on the circumstances of the specific case. You may be looking at temporary housing costs, attorney fees, repair costs, and, of course, personal injury.
Some elements such as loss of use can also be included, it all varies.
The more experienced your attorney, the more lee-way you will have in terms of damages and settlements. For example, veteran Los Angeles construction defect attorney Tim Norton recently secured 10 million in damages for a group of condo owners in a trial that lasted only six months.
Unless dealing with serious injury cases, most states require the affected party to notify the builder of the defect and allow them time to remedy the situation. You can only file a formal lawsuit if the guilty party fails to take immediate action, or if the standard 3 year repair period elapsed and nothing has been rectified.
If found liable, the insurance company of the defendant will shoulder the weight of the claim, and it will be required to pay for all the damages.
Builders and property developers need to be held accountable for any form of foul play. Homeowners and even employees need to ensure that they have the right to proper practices and that they have an avenue to get justice in case they feel shortchanged in any way. It is for this reason that construction defect litigation, whether it is a breach or contract, breach of warranty, or even simple malpractice, should be brought to book.