Ways To Handle Construction Defect Dispute

By Lelia Hall


As construction gains more popularity globally, so does the risk of construction-related litigation. Particularly, defect litigation has gained more popularity in recent years. If involved in any type of construction, it is important to anticipate such lawsuits at any point of your career. A lawsuit can cause unnecessary confusion and panic, but with good construction defect litigation, you can get a favorable outcome.

If you are dealing with a construction defect dispute, you must anticipate the questions that the jury might ask in the course of your lawsuit. When sued for defects in a building, you should contact your lawyer immediately. Once your lawyer gathers the necessary facts, you should then talk to your insurance company. You need to serve both parties with copies of the job files in order for them to prepare themselves.

Depending on your professional background, you can formulate a good strategy in order to avoid incurring any losses. Whatever your approach, you need the help of a competent attorney. With a professional on your side, you will be in a position to summon the insurance company in order to get the money you require for litigation purposes.

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.

It is very important to keep records during all the stages. If you need to answer some questions in court, you can refer to the file in order to provide the evidence you need. Because lawsuits are filed after the project is completed, it is hard to remember the exact details of something that happened in the past. The records will come in handy in these circumstances.

It is very important to keep the files during the construction process. The files indicate the types of equipment used and the number of laborers on-site. If the defects occur as a result of using the wrong tools to do a particular job, the contractor could be culpable. The good news is that you can stay out of the trouble if you hire a construction lawyer to represent you.

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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