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Construction defect threatening your business? Prepare yourself

| Feb 3, 2020 | Construction Litigation |

As a company that hires contractors to perform labor at your construction sites, you want to make sure that the teams and individuals you hire all do their best to make a safe property. What you hate to hear is that there are defects or problems with a property as a result of someone cutting corners or not fully understanding how to do a task.

Sometimes, it’s not actually the fault of the contractors that a job has gone wrong. Once in a while, it’s the building materials that fail. In that case, do you know who will be held liable and how to protect yourself against litigation?

The first thing you need to find out is what the defect is and what kind of damage it has caused. For example, if your building is up to code and the materials were only weakened from sun damage before construction, you may not have been able to tell that there would be a problem at the time. If you aren’t the person who makes the parts, then it may be the actual manufacturer who can be held liable for damage that occurs in a home or other structure.

Another thing to think about is why the construction project failed. Was the construction itself done incorrectly? Were parts bad, or did a team use refurbished parts instead of new items to save money? All of these factors may play a role in who is responsible if something goes wrong due to a construction defect.

What should you do if a homeowner threatens litigation due to construction defects?

First, look at your contract. You probably have an arbitration clause, and that will keep you out of the court room in most cases. Next, gather your documents. You should have your original plans, information on where you ordered parts from and who you hired to perform the job. Make sure you have licenses and receipts, so you can show that you did your due diligence during the project.

Finally, remember that most cases do settle outside court. So, you may find that there is an easy fix you can make to the property, saving you money and keeping you out of court. Or, on the other hand, a minor monetary settlement may be enough to keep the owner satisfied. Your attorney will help you negotiate, so you can resolve this problem as soon as possible.

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