Construction Defect Legal Guide

If you are dealing with the consequences of a construction defect or you're concerned that your home may have been built defectively, you need to act quickly in order to prevent further damages from occurring and to protect your legal rights. As such, you will find below a Construction Defect Legal Guide that will help you decide whether or not filing a claim is worth your effort.

Please remember that this Construction Defect Legal Guide is not a be-all-end-all source of information, and if you have a question, you should contact an attorney immediately to explain your situation.

How are construction defects determined?

The answer to the question, "How are construction defects determined?" is not a simple answer, and the analysis involves several technical legal theories. Therefore, you should use this information for your benefit, but you should also contact an attorney for a full explanation as it pertains to your situation.

Whether or not something is construed as a construction defect involves analyzing the problem with the building and comparing it to other buildings that do not contain construction defects. Basically, if a problem with your structure is considered "unreasonable" in relation to other like structures, and was either ignored or should have been noticed and corrected, it can be considered a construction defect. There are different standards for different types of buildings, different locations and different types of code regulations, but overall, a construction defect is usually found if workmanship is not up to reasonable industry standards and you have or soon will suffer damages as a result.

Help for Victims and Families

Luckily for you, if your home is found to contain one or more construction defects, there is available help for victims and families that suffer as a result of these defects. Although many HOA's and other administrative bodies exist for the purpose of providing help for victims and families in these types of situations, the worst thing you can do to protect your rights is to "go it alone" and face a corporate construction company by yourself.

You need to enlist the help of a professional who has experience in providing help for victims and families who suffer from a construction defect and who can handle the defense attorneys often employed by construction companies. In short, you need to work with a construction defect attorney. He or she understands the intricacies of this area of law, as the legal standards involved can be extremely technical in nature, and one mistake during the process can prevent you from properly recovering for your damages.

Don't let your rights go unprotected - contact an attorney today for the help you need.

Help for Organizations and Associations

There are several instances in which a construction defect issue can arise, and that pertains not only to the type of defect but also to the type and number of people who are harmed as a result of a construction defect. Construction defects that occur in an individual home are problematic for several reasons, and anyone who has suffered as a result should contact an attorney immediately.

However, there are also highly-qualified attorneys available who provide legal help for organizations and associations when a construction defect is found that affects several homeowners in an area. Providing construction defect help for organizations and associations is much more complicated than providing help on an individual basis, so the following are steps that should be taken if several people in your development are experiencing problems.

Communication

If you have noticed a problem or an imminent problem and you live in a community development, you need to contact your HOA and report it immediately. You may not own the only home that's been damaged, and your HOA will be able to get everyone together to discuss the problem. If your issue is occurring in other homes, you may have an advantage.

The reason for this advantage is that there is power in numbers, and if an entire group of homes acting as a united front reports the same problems, the construction company that's responsible will have a difficult time proving that this issue is merely a "nuisance" or an "isolated incident." Basically, you will get a faster response from a construction company if there is a development-wide problem on most occasions. Therefore, the first steps in providing help for organizations and associations when dealing with a construction defect issue can and will often come from the HOA.

Contact a Construction Defect Attorney

Although an HOA can help gather the necessary information and help present an impression of unity on the part of homeowners, the HOA and its members should not attempt to deal with the construction company on its own. The law of construction defects is extremely complicated, and this is especially so if you need help for organizations and associations, as multiple alleged transgressions can be easily convoluted by defense attorneys. You owe it to yourself, your family and your neighbors to make sure that whatever issue is plaguing your home or group of homes is handled properly, because if it isn't, everyone will collectively suffer the consequences in some situations.

An experienced construction defect attorney will be able to listen to your problems and to recommend a proper course of action. He or she will also be able to deal with the construction company that may be at fault to ensure that any recovery is not only proper but expedient.

Waiting for a solution will only make matters worse, so contact a construction defect attorney today.

Statute of Limitations for Lawsuits and Claims

The concept of the statute of limitations for lawsuits and claims is extremely complicated, and making a mistake on this technicality can have disastrous results, including having your claim dismissed. The statute of limitations for lawsuits and claims is especially complicated when it comes to construction defects, as it's not always easy to discover construction problems right away, and it is possible to have the statute begin to run at the first sign of trouble. Below is a brief explanation of the theory behind the statute of limitations for lawsuits and claims, but this information should be used only in furtherance of contacting an attorney, as he or she will be able to apply the facts of your situation to the statute and properly guide you through the process.

The Concept of the Statute of Limitations

The concept of the statute of limitations is grounded in the general ideal of equity. Plaintiffs need to bring a suit for damages incurred within a reasonable timeframe for several reasons. First, if someone waited 25 years to bring a claim, evidence and witnesses would not be as available as they would be if the claim was brought in a timely fashion, making it more difficult for the defendant to provide a suitable defense.

Not to mention, as the years go by things change, and that includes legal standards. Attorneys need to prosecute and defend cases based on laws that are at least somewhat current, or else the entire proceeding can be quite confusing and lead to extended delays and expense as the proper legal standards are established.

Potential Complications

There is a little-known standard that applies to all statutes of limitation, and that standard is called "tolling." Basically, the statute of limitations begins to run when one of two things occurs:

1. The plaintiff discovers the injury he or she has suffered; or
2. The plaintiff reasonably should have known that an injury occurred.

This can be difficult when it comes to construction defects, as problems can arise within walls, below floors and in several other places that are not regularly seen in a home or structure. As such, a plaintiff is taking a risk by ignoring a small lead, for example, as that leak could lead to the statute of limitations beginning to toll from the date that leak was noticed.

The answer to this question, then, is that you should pay close attention and take careful note of any potential problem with your home, and you should not waste any time in contacting an experienced construction defect attorney who will be able to help you move forward with your situation. The number of years allowed under a statute of limitations can vary by jurisdiction, so contact an attorney today for the answers you need.

Filing a Construction Defect Lawsuit

If you have suffered from damages resulting from a construction defect, you are taking the right step by looking into the possibility of enforcing a claim. However, there are several things you need to consider before filing a construction defect lawsuit. All of these decisions should be made with the help of an experienced attorney, as he or she will be able to assist you in moving the process forward in an expedient and professional manner.

Who is responsible for the damage caused to my home?

It is very important to have a solid theory in regards to who may be responsible before filing a construction defect lawsuit. An attorney with experience in this area of law will be able to help you determine who built what part of your home and who may be negligent in building or not building something that causes damage. This is an extremely important step, as suing the wrong party can be extremely stressful and costly.

How much are my damages worth?

The last thing you want to do when filing a construction defect lawsuit is guess as to how much you've suffered in terms of damages. An attorney with experience in these matters will be able to help you come to a financial figure based on several factors, and chances are that unless you have experience practicing trial law within this specific discipline, you may miss something that's completely relevant to your claim.

Should I attempt to settle the dispute privately?

Again, this is a question best answered by an experienced attorney. There are companies in existence that may offer a "low-ball" settlement figure just to make a potential dispute go away, and this is done because many potential plaintiffs are inclined to take the first offer, if one is even made. A skilled construction defect attorney will be able to work for a settlement if that's in your best interests. If it's not, your attorney will explain to you why it's best to push for a trial. Regardless, this is a strategic question that should only be handled by someone with experience.

If you have suffered as a result of faulty construction, you need to act now to make sure that your rights are protected. Not only will your problems get worse and your suffering needlessly continue, but you could lose certain rights that are in place to protect you if you wait too long. Contact a construction defect attorney today to explain your situation.

How We Can Help With Your Construction Defect

If you've suffered damage as a result of a construction defect, you need to take specific steps to protect your rights. We'll detail below what these steps are and explain how we can help you with your situation.

1. Contact Our Office Immediately

If you discover a defect in your home, you have no time to waste. Contact our office immediately to schedule an appointment. When you make that call, one of our staff members will ask you for some basic information and tell you what you need to bring to your appointment in order to make it as productive as possible.

2. Explain Your Situation To Us During Your Free Consultation

When you arrive for your appointment, be prepared to explain every detail that surrounds your situation, no matter how insignificant it may seem. What may seem meaningless to you may be of paramount importance to your legal claim, and we'll make sure that no stone goes unturned as we evaluate your potential case.

3. Listen to Our Analysis of Your Situation

After we've gathered the initial facts surrounding your defect, we will tell you frankly whether or not you have a potentially-valid claim. If you do, we'll explain how we can help you obtain a fair judgment or settlement based upon the information you've provided. Rest assured that we will tell you in all sincerity whether you have a claim that's worth pursuing or not.

4. Ask Questions of Us

We'd like to present you with a full picture of how we can help. If you would like to know any details regarding our experience, familiarity with specific laws or recommendations as they relate specifically to your situation, we encourage you to ask. We want you to feel totally comfortable with us and the work we may be performing on your behalf, and that comfort level is achieved by full disclosure.

The bottom line is that you need to get in touch with us today to get the process of protecting your rights started. Every day you waste may make the problem worse for several reasons, and if you delay too long you may lose out on a justifiable recovery.

Verdicts and Settlements for Construction Defects

Over the past few years, as the housing boom across the country has increased the volume of building projects in nearly every market, contractors and construction companies have been working under extreme pressure to take on and meet more deadlines and to do so under budget. This phenomenon logically leads to more mistakes, and these mistakes can cause serious damages to those who live in or work in these buildings.

As such, there has also been an upswing in the number of construction defect verdicts and settlements around the country. Below we'll list just a few examples, but the message should be clear: If you've suffered as a result of a construction defect, you're far from alone, and you should contact an attorney immediately to protect your rights.

 

$3,493,600.00 Settlement

In an action for damages arising from the faulty construction of more than 40 homes in suburban San Diego, a settlement for the above figure was reached prior to trial. The problems existed with the walls, windows and roofs of the homes in question.

$1,700,000.00 Settlement

A condominium development in Arizona experienced problems with water proofing, mechanical problems and electrical work defects. The HOA brought suit and the defendants settled rather than face a jury.

$39,500,000.00 Settlement

The Boulder County HOA brought a claim for construction defect, foundation and moisture intrusion in 226 unites. The defendants settled before trial.

There are countless other examples of verdicts and settlements, and what you should do if you've suffered as a result of faulty construction is contact an attorney immediately. The longer you wait, the worse your problem will get and the less time you'll have to state your claim. You have only time, stress and a justifiable recovery to lose, so act now to protect your rights.