Construction defect lawsuits can relate to the materials used in a project scenario. In some cases, clients could sue because a construction firm or professional uses substandard materials that do not align with the current building code.
Other times, complaints might begin with the contract. Clients often come to the table with specific material requests, especially when discussing the finished look of the project. Significant deviations from the terms outlined in the agreement could lead to clients filing a lawsuit against the company.
How can construction professionals and business leaders prevent lawsuits brought on the basis of material substitutions?
Have a procedure in place for substitutions
The simplest way to minimize the risk of a dispute related to a material substitution is to advise a client of that possibility in the initial contract. Substitutions are sometimes necessary to keep the project on the proposed timeline or to stay within the required budget.
Supply chain issues have been a constant issue for multiple years, and professionals never know when they may struggle to acquire certain types of hardwood or structural steel. Communicating immediately with a client about supply chain issues and the need for a substitution is important. So is securing their approval in writing before the substitution actually occurs.
If construction professionals and executives follow the right procedures, including discussing substitutions in the contract and communicating with the client in writing, they can significantly reduce the likelihood of a lawsuit. Sometimes, even when construction professionals do everything right, clients may still try to take legal action. An assertive response is then generally necessary.
Reviewing an agreement with the client and the claims that they’ve made about a project with a skilled legal team could help those facing construction litigation settle a contentious matter amicably or prepare for court to minimize the damage caused by an already-filed lawsuit.
