Houses provide shelter, but when they are built improperly, defects can significantly alter the safety, functionality and value of the property. If you experience issues such as faulty construction, you can file a legal claim to seek compensation for the damages caused by these defects.
Construction defect claims arise when a homeowner or property owner seeks legal recourse to address flaws in a building’s construction. Common claims associated with construction defects include:
1. Breach of contract
A breach of contract claim occurs when a contractor, builder or developer fails to fulfill the terms outlined in the construction agreement. This could include failure to adhere to specifications, use agreed-upon materials or complete the project within the specified timeline. To succeed in a breach of contract claim, you must demonstrate that the other party violated the contract’s terms and caused measurable damage.
2. Negligence
Negligence claims arise when a construction professional fails to exercise reasonable care during the building process, resulting in defects. This could involve errors in design, substandard workmanship or the use of defective materials. For a negligence claim, the plaintiff must prove that the defendant owed them a duty of care, breached this duty and caused harm as a direct result.
3. Breach of warranty
Construction warranties, whether implied or explicitly stated, help ensure that the completed structure meets a certain standard of quality. A breach of warranty claim may be based on defects that compromise the property’s usability or safety. These claims often involve defects in materials, poor craftsmanship or failure to meet building codes.
4. Strict liability
Under strict liability, a construction professional or builder can be held accountable for defects regardless of whether they exercised care during the building process. This claim is often applied when a defect directly causes injury or property damage. Strict liability cases focus on the defect itself rather than the actions or intent of the responsible party, making it easier for property owners to seek compensation.
When dealing with construction defect claims, skilled legal guidance can help determine the most appropriate course of action and maximize the chances of a successful resolution.