How To Deal With Construction Defect Litigation

By Lelia Hall


With the increasing number of buildings under construction, the amount of defects has risen proportionately. Most contractors do not know what to do when served with defect lawsuits. The shortcomings in the building industry have caused immense defects that have led to fatalities and costly repairs. For an architect, or any consultant involved in the construction process, it is vital to plan beforehand to avoid disputes; but if this type of problems arise, you need construction defect litigation help.

There are several ways to overcome construction defect issues. If you are active in the construction business, you might have to deal with several defect lawsuits in your career. Although this is an ordeal which can be quite unpleasant, you will have nothing to worry about if you prepare yourself properly.

If you face such a lawsuit, you should contact your lawyer. If you do not have a good lawyer, you can get good referrals from friends and family members. Once the lawsuit is served, you will have a limited time to prepare. The plaintiff can easily get a judgment against you if you do not prepare well.

Your lawyer can also help you to claim your money from the insurance company. If you have paid your performance bond, the insurance company should pay for covered defects. The insurance company will also hire a lawyer and if you represent yourself, you will have a very minimal chance of success. A lawyer can help you to calculate the amount of money that the insurance company should reimburse you in order for you to compensate the plaintiff.

The insurance company can also help you to find a good lawyer. The good news is that with a good lawyer, you can save a lot of time in court. If you decide to compensate the victim, you can resolve the matter out of court. With a judgment against you, your can lose your right to practice. You can avoid this if your lawyer is skilled in this field.

In order to defend yourself against future lawsuits, the first thing you should do is keep good records of every job. Without the proper documentation of the job, preparations for a lawsuit might prove impossible. In addition, you must retain all copies of the insurance policies you have signed. If defects occur during construction, your insurance company should compensate the aggrieved parties fully.

The court will also require a copy of the contract document. This document stipulates the different standards of performance. Fortunately, your lawyer can pinpoint the occasions when the standards were breached. If you breach the requirements of the contract documents, the defects are more likely to occur. Your documents must be accompanied by copies of technical drawings, architectural blueprints and inspection certificates.

It is very important to retain the original contract documents. Projects are contractual in nature and as such, you need to know how the defects occurred. If there are any alterations in the original contract, you must keep them as well. The court will also require several copies of the blueprints and site instructions. It is a smart practice to retain all the records during the construction period.




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