A construction defect lawsuit typically involves a breach of contract, as well as a breach of warranty, negligence, or strict liability. Let’s explore some common examples of construction defect claims and why they occur.
Common Examples of Construction Defect Claims and Their Causes
Construction defects can occur in both the commercial and residential sectors. Although they are often discovered after a project is complete, they can also arise during the construction process itself.
Breach of Contract
In a breach of contract situation, there must be a valid contract signed by all parties involved. For instance, if a homebuyer purchases a house from a builder, there would be a contract between them. However, if the home is found to be defective or dangerous, and it leads to a serious injury, the homeowner can utilize breach of contract as the basis for their lawsuit. After all, the contractor had a contract outlining their specific responsibilities.
Breach of Warranty
When it comes to breach of warranty, the issues stem from the warranty provided for a product or property. For example, let’s say a construction company offers a one-year warranty on a completed project. If a defect is discovered within that year, but the builder refuses to take action, the defect can cause a serious injury due to neglect. In such a scenario, the builder could be sued for breach of warranty.
Construction defects often involve negligence. These claims state that one party breached their duty of care, resulting in damages. For instance, if a construction crew finishes a project and the homeowner moves in, only to discover a few months later that the stairs were not built in compliance with safety codes, leading to a serious injury, the construction company can be held responsible. They knew they were negligent by not following proper building codes, hence their liability for any injuries resulting from their negligence.
Construction defects can also involve product liability. If defective products are sold to consumers, the company supplying those products could be held accountable for any damages caused by the defects. The responsibility falls on the company that installed, manufactured, or distributed the faulty product.
Construction Defects Vary – Seek Legal Counsel
Successfully navigating a construction defect lawsuit can be highly complex, especially since it often involves multiple parties. Therefore, whether you are an employee, homeowner, or consumer who has been injured, it is crucial that you consult an attorney experienced in personal injury law.
At Garrity Traina, our team of attorneys is dedicated to helping our clients secure the compensation they deserve. We serve as your advocates, ensuring that the responsible parties are held accountable for their actions. If you’ve been injured, don’t hesitate to speak with us during a free case evaluation. You can call one of our three locations or reach out to us online.