Lawyers at Beasley Allen have been handling construction litigation, which is a highly specialized field of law, for a very long time. This area of our firm’s practice deals with defective conditions in construction. A construction defect is a condition in a building that reduces the value of the structure or causes a dangerous situation. A defect of this sort may be rooted in a faulty design, defective materials, or poor workmanship performed on site.
Many such defects arise from a combination of factors, including improper soil analysis and preparation, site selection and planning, civil and structural engineering, or negligent construction. Due to the hidden nature of many construction defects, problems often aren’t discovered until many years after construction is completed. An example is an unsteady foundation that was defective and that slowly unbalances a building.
Construction defects present in a house or condominium are often particularly egregious, given that a home is the most expensive long-term investment most folks will make in their lifetimes. These defects can lower the value of your home, undermining your investment, and may present health hazards for you and your family. Defects can also result in serous injury and even death in certain cases.
Unfortunately, the most common reason problems occur is that some entity involved in the construction process, whether the developer or the contractor, was attempting to save money. That appears to be a common problem in many of the cases handled by our lawyers.
There may be several different parties responsible for a given defect, but most commonly the general contractor, developer, and the builders of residential structures will be legally responsible and have liability. Architects, designers, and subcontractors may also be involved as potential Defendants in the litigation. Usually they come after the original suit is filed because of information learned during discovery.
The damages that can be recovered due to a construction defect will vary depending on the facts and circumstances of the case. However, in general, a home or property owner will be able to recover the cost of repairs and/or the decline in the value of the building due to the defect. Additionally, the Plaintiff may be able to recover for the loss of use of the property during the repair, the cost of temporary housing if necessary, and in some instances attorney’s fees if provided for by contract or your state’s law.
Of course there will be cases where deaths and serious injuries are caused by construction defects. Because these cases involve death and injury, they are much more complex. However, the discovery issues relating to liability are the same. Also, the laws relating to proving liability are the same. The most obvious difference involves the damages that can be recovered. Our firm has successfully handled a number of construction defect cases involving serious injury and death.
If you need more information relating to construction defects litigation contact Kendall Dunson, Grant Cofer or Evan Allen, lawyers in our firm, at 800-898-2034 or by email at Kendall.Dunson@beasleyallen.com, Grant.Cofer@beasleyallen.com or Evan.Allen@beasleyallen.com.
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