Construction defect cases can involve a number of different parties who are engaged in contractual agreements regarding the work done on a project. These parties can include homeowners, developers, contractors and subcontractors. Construction issues leading to legal complaints generally fall into one of several categories. Listed here are some of those categories along with a brief description of each.
- Negligent Misrepresentation. A developer could be considered to have engaged in negligent misrepresentation by making assertions that something was factual despite not having a reasonable basis upon which to make the claim.
- Fraud. The grounds for fraud are based on the premise that a developer allegedly engaged in deceptive practices by misrepresenting the property’s true quality of construction through advertisements or untrue statements.
- Breach of Contract. Contracts carry with them a legal obligation for adherence. Builders or developers can be sued by homeowners should they act counter to the agreement in regard to that which is laid out in the documentation pertaining to sales and purchase. Non-adherence to the instructions pertaining to escrow may also give a homeowner cause to pursue a lawsuit.
- Breach of Warranty. Frequently the project’s purchase documentation contains warranties concerning the property’s condition. It has been determined by the courts that those who build and sell new construction projects should be held to a reasonable workmanlike standard regarding a finished structure’s design and construction. Principles of contract agreements are applied if for some reason a warranty is breached.
- Negligence. Subcontractors, general contractors and developers are legally obligated to apply to their work a duty of care that is typical to those of their profession.
Should you find out after purchasing a home that it has some manner of defect, and you are unable to get satisfaction from a developer or builder, you may consider pursuing legal recourse. You should understand that you may have to demonstrate the legitimacy of your dissatisfaction in a court of law.
As such, you might consider showing a construction litigation attorney your contracts and warranties. The attorney could then closely examine the wording of these documents to build a case toward helping you receive your desired outcome.
