If a home or investment property has serious defects that the general contractor won’t or can’t fix, the homeowner should seek legal support from a construction defect lawyer. The lawyer will help him or her recover losses by suing the responsible party or filing a claim.
Keeping Construction Projects Protected
A construction attorney helps homeowners struggling with new home construction defects deal with the legal concerns that emerge from construction projects. These legal concerns include negligence, breach of contract, strict liability, breach of warranty, and, in some cases fraud. The attorney protects real estate properties, businesses, and homes.
Real estate is one of the biggest and most crucial investments individuals make. When purchasing an investment property, the buyer should seek the help of a real estate lawyer. The lawyer will help him or her review titles, deeds, and contract terms. The lawyer will also help the buyer purchase a property or sign a contract that is in his or her best interest.
Guidelines Followed When Defects Exist in a New Home Construction
When a person purchases an investment property, he or she relies on a general contractor and his or her subcontractors to deliver a product that is safe and structurally robust, satisfies both the local and state building standards, and fulfills the promises made. When the product has major defects and the general contractor refuses to fix them, a homeowner can recoup the losses by pursuing legal action. To affirm his or her right to repair, reinstate, or recoup losses, the following guidelines are mandatory.
- The homeowner must offer the contractor a legal notice and give him or her one final chance to make effective and appropriate repairs.
- Relevant building standards must be adhered to when performing these repairs.
- Repairs cannot raise the maintenance cost the homeowner would have incurred had the contractor constructed the home correctly.
- The contractor cannot ask the homeowner to approve a release of liability by signing.
- If the contractor declines to make the repairs, the repairs are insufficient, or the repairs cannot be performed, the homeowner holds the right to pursue further legal action.
Importance of Seeking Legal Help in a Construction Defect Lawsuit
Home defects usually involve a wide array of legal issues and need a construction lawyer. In construction litigations, the general contractor owes the homeowner rights and obligations that are governed by construction law, coupled with contractual obligations. A general contractor is legally responsible for the acts and mistakes of his or her representatives. In most instances, liability boils down to law application along with the interpretation of the contract. Although the law offers the general contractor a chance to repair, if defects remain unrepaired, lawsuits and contractual interpretation are inevitable.
A homeowner needs to work in close collaboration with a construction defect attorney, who will represent his or her rights in a construction defect lawsuit. The lawyer knows the relationship that exists between construction contracts and statutes and the best way to apply the law to the specifics of the homeowner’s construction project.