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Your home is your biggest investment and probably the most expensive thing you will buy in your lifetime, so when construction defects threaten the enjoyment of your home or its value, it is natural to want to hold someone accountable. It is all too often the case that those responsible are unwilling to admit their mistakes, since it will be a costly outcome for them to backtrack and pay you for your losses. Contractors sometimes refuse or may be unable to make necessary repairs for shoddy work that they did or to replace dangerous or shoddy materials they used. Insurance companies aggressively attempt to get out of their obligation to help too, since many construction defects are high-dollar by nature. Our Auburn construction defect attorney can help you identify potential litigants in a construction defect claim and work hard to help you recoup any losses that result from the defect.

Construction defects may be due to:

  • Defects in design. This includes poor drainage, water penetration and inadequate structural support.
  • Defects in material. Defects in shingles, flashing, particle board and drywall can lead to serious problems over time.
  • Construction defects. Poor workmanship can cause problems ranging from electrical issues to mechanical and plumbing problems, dry rotting and cracked walls.
  • Subsurface defects. The subsurface being insufficiently prepared can cause foundation failure, resulting in cracked floor slabs and serious structural shifts.
  • Code violations. If a contractor doesn’t build an addition or new construction to code, then a whole other can of worms can be opened as homeowners face fines and other penalties from local or city authorities.

Keep in mind that construction defects are not always evident right away. A defect in the foundation of a home, for example, may not be evident for years after the home is constructed. It is often the case that the worst defects remain undetected for a long time, and when they are finally discovered, the damage is so severe that homeowners have no recourse but to file a claim for damages.

The basis for most construction defect claims is breach of contract. You had a contract with a construction company, and they failed to render the services described in the manner described. This breached the contract between you, and you have a right to legal recourse, either as monetary compensation or repairs to correct the issue.

Complexities of Construction Defect Claims

Any attorney filing a construction defect claim should be well versed in both contract and warranty law and be adept at proving negligence and liability. Many construction defect claims are covered by warranty, while others are not. Attorneys representing clients in these cases should also have experience working with forensic engineers or construction experts; should negotiation fail with the insurance company representing the at-fault party, then the case may need to go to court. Litigations where expert testimony is given are usually more successful.

Reach out to Russell and Hill now to discuss the particulars of your case. Our Auburn construction defect attorney is ready to go to bat for you to help you hold the at-fault party accountable for your losses. Schedule your no-cost case review today.

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