Legal liability in construction defects claims

Legal liability in construction defects claims

Construction is based on a contract between developers, architects, subcontractors, engineers, and homeowners. The agreement envisions many components including, consideration, duties, obligations, terms, conditions, and warranties. Both parties in a contract are thereby required to ensure that they adhere to such provisions or risk liability and recovery of damages against them. The plaintiff or complainant in a claim for construction defects is required to prove that the defects suffered were caused by the negligence of the defendant who is thereby liable for breach of contract. The complainant can allege various claims like negligence, strict liability, negligent misrepresentations and breach of warranty.
In this regard, homeowners that are victims of construction defects claims may institute recovery proceedings with the help of experienced construction defects attorneys.The lawyers are trained to investigate stucco claims, represent litigants and negotiate appropriate settlements. The lawyer must be adequately conversant with construction law in order to bring forth a fruitful claim in a court of law. To succeed you ought to approach the court with a relevant and substantive claim. The following claims are available in construction defects suits;

Negligence

The law requires that a developer, contractor or builder must exercise a duty care in the execution of duties. The test for this claim is the test of a reasonable man which is measured against the foreseeability of the defendant’s actions. The actions of the accused must be proven to be unreasonable and inconsiderate to the “neighbor” who is the plaintiff in the suit.

Negligent misrepresentation

A professional that claims to be competent in the delivery of certain services is guilty of a claim of negligent misrepresentation if it turns out that in fact, he cannot fulfill such a standard of services. The plaintiff must thereby prove that the developer/defendant intentionally misrepresented facts that were material to his contraction. This claim is based on instances where developers/builders make assertions that they do not have reasons to believe that they are true.

Breach of contract

As aforementioned, construction is premised on a development agreement between parties. In this regard, there are standard clauses that will be breached in the case of construction defects. Therefore the homeowner is at liberty to sue for breach of contracts and recover damages accordingly. In this claim, the court may also compel the builder to undertake certain duties through the doctrine of specific performance.