Construction Defect Claims Explained
December 26th, 2013
Discovering a construction defect is something that most property owners dread. Construction defects might be relatively innocuous or extremely dangerous, but they are almost always inconvenient and costly. Fortunately, property owners have recourse in the form of construction defect claims. It is important, however, for owners to understand what these claims are and how they are filed.
Can Any Defect Be Grounds For A Claim?
A construction defect is technically a failure in the construction or initial design of a building. Defects may be inconvenient or unattractive, or they may actually pose a hazard to building occupants. Claims for construction defects can target both harmful defects and "passive" defects, since the latter can still lower property value or be costly to fix. If the building differs significantly from what you were told to expect, or if it doesn't meet reasonable standards of professional workmanship, then filing a construction defect lawsuit may be appropriate.
How Is A Claim Made?
Before taking any legal action, the property owner is required to give the company or contractor written notification of the construction defect. This allows the company or contractor and any subcontractors the opportunity to inspect the site. Within 45 days of being informed of the defect, the company or contractor must give the property owner notification of how the claim will be handled.
How Are Claims Resolved?
A company or contractor may deny liability, offer to fix the defect, offer compensation, offer a combination of repairs and compensation, or pass the claim on to an insurance provider. Depending on the outcome, the property owner may need to take additional action. If the contractor or company denies responsibility altogether, the help of a construction lawyer may be necessary.
Filing and settling construction defect claims can be a lengthy process. This is one reason that if you ever find yourself dealing with this situation, it's worth it to hire a professional to help you through the process. With all the time and energy invested in getting a construction defect acknowledged and fixed, you want to be sure that you get the end results you expect and deserve. Call (949) 582-1544 now to receive a FREE consultation with an experienced construction defect claims attorney at Skorina Law Group.
Categories: Construction Law