There are many issues that could arise the course of a construction project. They may be between the property owner and the developer or contractors and subcontractors who have been hired to work on the project. While some issues are resolved as they arise, others result in litigation. Construction defects are could lead to a lawsuit being filed. Multiple things fall under the construction defect umbrella. We will address some of them in this post.
The first is breach of contract. It is possible that a property owner could file a lawsuit against the builder or developer when obligations laid out in the escrow instructions or purchase and sale documentation are breached. A breach of warranty is similar to this and might be filed if the warranties set forth in the purchase documentation regarding the condition of the property, are breached.
Second, negligence on the part of numerous parties, such as the developer, general contractor or subcontractor, could prompt a construction defect lawsuit. Such a case could make sense if any of these parties failed to exercise the reasonable degree of care, skill or knowledge that others in the same role would.
Fraud on the part of a developer is also considered a construction defect. If the developer misrepresented the quality of the construction intentionally and it is proven the developer did not intend to follow the specifications and design plans agreed upon, such a case could be successful. Similarly a developer could be sued for negligent misrepresentation if despite having no reasonable basis for believing it to be true, the developer claims something is factual.
Matters concerning construction defects usually involve large amounts of money. Accordingly, it is imperative to have a construction lawyer involved in claims that are filed.