Construction litigation FAQs

What is a construction defect?

Construction defects are one of the most common causes of construction disputes. A construction defect goes beyond unreliable workmanship. It also involves flaws in the design, and materials or systems employed that caused damage to an individual or property.

Who is responsible for construction defects?

Construction defect claims may include multiple parties such as the developer, builder, and general contractor. These are the parties responsible for a construction defect. There are times when the architects and designers are also involved in the lawsuit.

What are the legal grounds to sue for a construction defect?

If you are a homeowner that found out a construction flaw, you can sue the negligent party citing a variety of legal grounds:

• - Negligence - Breach of contract - Breach of warranty - Strict liability

What should I do if a contractor bills me for more than the estimate?

While an estimate is just a projection of costs, the approximation should not differ significantly from a bill. In cases that involve inaccuracy or overcharges, you should ask a construction litigation attorney about your options.

Are oral contracts valid?

While a construction contract can be made orally, it is best if all agreements are placed into writing. It helps evidence the terms of the construction contract. Written agreements can be enforced for a more extended period of time than oral agreements. Verbal contracts reduced to writing are not enforceable. Oral contracts are more difficult to enforce mainly because you must prove its existence.

What’s the builder’s warranty coverage?

The builder’s warranty helps ensure that the project is completed as per specified set of standards. The warranty covers material and workmanship, and it lasts between one to ten years. It is entirely different from the homeowner’s insurance, which includes other damages. Ask a construction litigation attorney about your builder’s warranty.

Should I make any repairs while my lawsuit is pending?

You are required to make repairs to lessen any potential damages. However, it is best if you contact a construction lawyer Miami before making such repairs.

Who is liable for construction accident injuries?

A construction site can be a dangerous place. Therefore, measures should be taken to ensure the safety of construction workers. These cases can be complicated because of the multiple parties that can be held liable, including the construction site owner, contractors, subcontractors, manufacturers, suppliers, insurers, engineers and architects.