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When you decide to build or renovate your home or other structure, you get to watch your project go from designs and ideas on paper to a reality in just a matter of time. Projects often involve working with one or several parties who will be responsible for your construction and you will enter into a construction contract that sets forth the terms of your project and working relationship. Things rarely go according to plan in the construction business and it seems that there are always unexpected delays or changes, but the real problems arise when you discover construction defects in your new construction and no one takes responsibility for those defects.

Construction defects can be minor inconveniences that require some repairs or modifications to bring your project up to your expectations. Other times construction defects can be extremely costly to remediate and sometimes they can even be hazardous to people who live or spend time in the newly constructed building. Our Federal Way construction defect attorneys know that these cases can be complicated and an understanding of Washington’s construction law is critical in seeking recovery and remediation for plaintiffs who have sustained resulting injuries and damages.

Theories of recovery:

  • Breach of contract – Breach of contract means that the defendant breached the terms of the contract in the construction of the house or building. This may be when the defendant’s quality of work is poor or when the project is incomplete. Breach of contract cases frequently relate to change orders as well.
  • Breach of warranty –Express warranties related to workmanlike quality and construction that is free from defects are typically made in the construction contract.
  • Negligence – Construction defect claims are often brought when there are actual injuries that result due to the construction defect. For example, if a window is negligently installed and falls on top of a person attempting to open the window, a case may be brought on a theory of negligence when seeking recovery for injuries sustained.
  • Strict liability – Strict liability may be available when defective products are used in the construction of the building.

Liable parties

There are a number of parties that may be liable in construction defect cases. These parties include general contractors, builders, architects, designers, and developers. This list is not all-inclusive and there may be other liable parties depending on your particular case. Sometimes liability is not always immediately clear and sometimes there may be more than one defendant in construction defect cases.

Common construction defects

Common construction defects include poor workmanship, code violations, toxic mold, water intrusion, structural defects, design defects, and foundation problems. If your new construction or renovation has left you with construction defects, contact a Federal Way construction defect attorney with Russell & Hill, PLLC to review your claim and damages. We are construction law experts and we have the knowledge and experience necessary to help our clients succeed in their construction defect cases and secure a fair recovery for their resulting injuries and damages.

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