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Can you hold a contractor liable for defects?

On Behalf of | May 2, 2018 | Construction Litigation |

Imagine that you’re building a home or having work done to repair the one you own now. You make a contract with the construction company to get the work done in a fair amount of time and for a reasonable cost.

When you reach the date the project is supposed to be done, you review the work. It’s not complete, and some of it looks shoddy at best. What can you do?

The first thing to remember is that the developer or contractor is required, by law, to take steps to provide reasonable skill, knowledge and care. If there is a defect that could have resulted in injury, then you may be able to show that negligence played a role during construction and then hold the contractor responsible.

You may also be able to show that there is a breach of contract, especially if the contractor went over the deadline. When there are obligations in a contract, both parties must meet them. Normally, if a contractor will not be finished on time, he or she will reach out and make this clear. Many contracts have clauses for cases where unexpected setbacks occur. Regardless, you may be able to have the contractor pay an amount to cover your extra expenses or for the reduced market value of your home that resulted from this breach.

No one wants to deal with a breach of contract or construction work that isn’t finished at a high level of quality. Fortunately, your contract protects you and gives you the right to pursue legal action if a contractor fails at the job.


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