Cases or claims where it is claimed that physical loss or damage is related to building elements that are defective and will require repair or replacement are said to be Construction Defect Claim. They typically involve exterior building enclosures or the structure. The defect can be caused due defective design, unapproved materials, poor techniques, installation, or quality. These claims include other building-related systems like electrical, mechanical, or plumbing. The impact of these claims leads to the repair or replacement of defective elements of all related systems. You will need a professional with significant expertise in this field, as it’s challenging to understand some issues they can detect.
Types of Construction Defect Claims
The different types of Construction Defect Claim fall into the following categories:
Breach of contract– This is a situation where the contractor is found to have broken a promise to deliver the home in the best condition and meet your requirements. To find such a breach, one has to go through the piles of paper of the signed contract. Hence, a professional must undergo extensive paperwork to find the breach.
- Negligence– To claim negligence, you have to prove that-
- The builder did not follow through with a specific duty imposed on him by the law.
- The builder did not follow the standards imposed on him by the law
- There is a causal link, at the very least, between the resulting defect and the standard of care from the builder’s side.
- The defect in the construction resulted in you suffering financial penalties.
Be aware that there is little between discovering the defects and filing the claim for construction defects, or you will forfeit your legal rights. Keep a professional by your side because, in most cases, such claims end up in arbitration rather than court.
Services We Offer-
- Evaluation and quantification of claims– You will need a professional to know the procedures and cautions to follow while claiming to evaluate and quantify the Construction defects.
- Damages evaluation– If the defects led to your financial penalties or harassment, you could claim against the builder to evaluate the damages.
- Damages analysis– There can be a proposal for extensive repairs, including demolition and complete replacement of exterior closure of the building system. The claimed defect has to be supported by a detailed analysis based on the defects.
- Standard of care for construction professionals– It has to be proven how the standard of care directly affects the defects of the building hence, proving the negligence claim.
- Arbitration and mediation support– You can also claim to be compensated by the builder for the legal fees. The arbitration and mediation support will be provided from our side to ensure you do not receive the shorter end of the stick.
If you are in a situation where litigation is necessary while having a custom-built home, find a professional for the Construction Defect Claim procedure. When there are defect claims such as this, you will need someone who knows the nitty-gritty of the system as well as significant experience and network in the construction business.