Defective Construction Claims
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What is “Defective Construction”?
Defective construction refers to construction work that is below industry standards, or which does not meet the terms of an agreed-upon contract. Defective construction can cause delays in a project, and can often result in legal action on account of the losses caused by the sub-par work.
While construction projects are a main part of business activities, they are also applicable to personal projects such as home improvement aspirations. Thus, many defective construction lawsuits can involve individuals as well as business entities.
What are Some Examples of Defective Construction?
Some examples of defective construction can include:
- Failing to complete a project or part of a project
- Using materials that are below the agreed-upon standard
- Installing fixtures incorrectly, or installing the wrong item
- Failing to clear debris, waste, or garbage from the construction site
- Completing a project in a way that violates city zoning ordinances
- Failing to follow instructions contained in a contract
Thus, many different types of conduct can for the basis for a defective construction lawsuit. These can sometimes be major cases, because construction projects often involve expenditures of many resources over a long period of time.
What are Some Legal Resolutions for Defective Construction Issues?
Most construction projects involve the use of a contract. Thus, remedies or resolutions for defective construction disputes usually involve remedies for a breach of contract. This generally takes the form of a damages award intended to reimburse the non-breaching party for their losses. This can cover losses such as costs of materials, and any losses caused by delays resulting from the defect.
For instance, suppose that a defective construction job causes the completion of an office to be pushed back by 3 weeks. In such cases, the business may be able to file for lost profits, especially if they can prove that they would have generated profit if not for the defects. These are fairly complex legal determinations that generally require the assistance of a lawyer.
Do I Need a Lawyer for Help With Defective Construction Claims?
Claims involving construction disputes can often be complex. If you are involved in any type of legal dispute over a defective construction claim, you may wish to hire a qualified lawyer immediately. Your attorney can assist you with your claim, to ensure that you obtain the appropriate guidance during trial. Also, you may wish to hire lawyer if you need help drafting, reviewing, or editing a construction contract before a project begins.
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Last Modified: 02-07-2013 04:39 PM PST
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