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What to do if you’ve experienced construction defects?

Many suppliers, builders, contractors and developers are involved in the construction of a building. Often when there is a construction defect, it is unclear about who is to blame.

This blog will give a brief overview on the legalities and common situations surrounding construction litigation.

How can it be proven that a supplier was negligent?

Every contractor and developer must exercise a reasonable degree of care, and they have a distinct responsibility to make sure that the environment is safe. They must extend this duty to care for all those who have the possibility to become injured through a potential defect of a construction site.

Breach of contract

If it is believed that a contractor went against a contract that was put in place, homeowners may have a case to sue the builder or developer. This usually has to be a more serious breach than merely failing to deliver in full accordance with plans and specifications, however.

Breach of warranty

If there is a breach of an express warranty, the terms of the contract will apply. Courts say that builders must build specifically to what is communicated by their "customer," and that they have theoretically been hired to produce a product to be sold to the market.

Strict liability

In most states and jurisdictions, the general contractor is held to a strict liability. This means that within the frame of construction litigation, the general contractor was liable under products liability law. All that needs to be proven is that there is a defect that was caused by damages that were created by the contractor.

Source: FindLaw, "Legal liability for construction defects," accessed Aug. 11, 2017

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