What Are Some Misconceptions about Construction Defect Litigation?

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Wilbanks Law Firm
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What Legal Matters Involve Construction Defect Litigation?

Construction defect litigation covers known or unknown defects in the structure, home, or building that adversely affect and lower the value of it. Some defects are visible to the eye, such as water infiltration into the structure. Other issues are not as visible and apparent, arising sometime after the construction is completed. This could include poor workmanship or use of inferior materials. Defects become apparent or noticeable as a result of negligent or incompetent building processes such as improper soil analysis, site design and planning, civil and structural engineering, negligent construction, and the use of defective building materials.

The process of construction defect litigation involves identifying the structural issues, rooting out their cause, and connecting them to the problem. Whether you’re the party experiencing the construction defect damage or the defending party against such an action, an experienced lawyer can prepare a case for you.

Some of the Most Common Construction Defect Types

The more typical types of construction defects include the site preparation for building, the property surrounding the structure, and the actual constructed land attachment. These issues include:

  • Mold
  • Water problems
  • Electrical and heating systems
  • Landscaping and soil
  • Faulty drainage
  • Foundation, floor, wall, and roof cracks or breaks
  • Dry rot
  • Structural failure

There are two categories of defined defects, one is patent, which is obvious and out in the open. The other kind of defect is latent, which is hidden and may not become an issue until years after the structure is built.

Misconception: Proving Construction Defects Is Easy

In order to prove a construction litigation case, the defect needs to be traced back to the root cause, which requires careful research, evaluation, legal analysis, and knowledge in this particular area of law. For a construction defect litigation attorney to initiate and build a case for or defend this type of legal matter, it involves taking apart the issue piece by piece. It is a process of legal investigation to uncover any relevant information that connects the dots back to the structural problem. A construction defect litigation lawyer can support a case with leading experts in a particular field that can provide complementary testimony as well as supporting legal documentation.

Misconception: There’s Not Much You Can Do about Construction Defects

The damages available to the injured party as a result of construction defects include the cost of repair to fix the defect as well as the depreciation amount from the value of the home without the defect. Additional damages that may be obtained include lack of property use during the repair, alternative housing costs, court and attorney fees, any personal injury costs as a result of the defect, and punitive damages if the defendant is found to have been reckless.

Misconception: You’re on Your Own for Construction Defect Litigation

A construction defect litigation attorney can provide an action plan to support your case either from a plaintiff or defendant perspective. With a background and experience in this area of law, the lawyer can position you with strong documentation, expert testimony, and useful common law and statutory law.

No matter which end of a construction defect suit you might be on, you’re going to want to have experienced legal representation to help you make your case. Call the construction defect litigation attorneys at Wilbanks Law Firm, P.C. by calling (706) 335-2355 now.

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