Even homeowners who spend extensive amounts of time and money planning the perfect home can be affected by construction defects. In many cases, the homeowners are unaware that any defects exist until a significant amount of time has passed, which makes it difficult to hold contractors responsible.
A construction lawyer can help property owners receive the compensation they deserve after a construction defect is found. Contractors are responsible for providing quality services, so a lawyer can help homeowners prove if there was a breach in this obligation on the part of the contractor or vendor.
Construction Defects and the Law
There are two major relationships at play in most construction defect cases, including the contract between subcontractors and contractors as well as the contract between home vendors and homeowners. When filing a lawsuit against a negligent contractor, it is important to establish who was at fault for the construction defect.
Negligence occurs when a developer or contractor fails to show a reasonable amount of care and skill for the profession. This is known as a duty of care, and when it is breached, there is negligence. Contractors are generally responsible for the quality of the services they subcontract as well.
A breach of contract occurs when the vendor or contractor fails to uphold the terms of the purchase or remodeling documentation. According to court precedent, new construction vendors are responsible for upholding construction standards that are implied as well as those that are specifically contracted. This means that the property should be designed according to reasonable standards of quality and construction.
What to Do if a Breach of Contract or Warranty Occurs
Whether a contractor failed to provide quality services or a vendor did not provide a property that meets the implied standards of quality, homeowners may have recourse by filing a construction defect claim. Contacting an attorney is the best way to ensure that the homeowner’s needs are represented when filing a claim against a negligent party. An attorney can provide crucial guidance when it comes to liability in construction claims.
