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Facing a lawsuit? Know what to expect

| Apr 4, 2019 | Construction Litigation |

There are many kinds of defects that can affect the construction of a building, home or other structure. If a construction team makes mistakes or uses items with defects, they could end up facing a lawsuit.

Some of the most common construction defects include:

  • Mechanical problems
  • Electrical defects
  • Water intrusion with mold
  • Problems with windows, glass and doors
  • Damage to finishes or defective finishes
  • Expansive soils
  • Issues with structural integrity

The court will classify the defect into one of the four major categories including material, construction, subsurface or design defects.

What should you do if your business faces a lawsuit?

As a contractor, you have integrity and want to make sure that the structures you build are strong and have the power to last. Unfortunately, sometimes the tools or materials you’ll use will be defective. If there is something you can fix on a property that has been damaged because of a defect, it’s usually best to resolve the case by settling with the client to do so. However, if the defect is not the fault of your team, then you may want to allow the case to go to arbitration or court.

Most cases won’t reach trial, as the majority of people settle out of court. The person claiming that there is a defect will need to show the damage and how it has affected the property. If they fail to do so, then you likely will not face any further legal trouble.

Our site has more on construction defects and what you can do if you’re facing a lawsuit.