Previously, we began discussing a lawsuit filed by a North Carolina couple against the production company for the HGTV show “Love It Or List It.” As we noted, the couple has made a number of allegations against the show’s production company.
According to the couple, the end product of the renovation was highly unsatisfactory. In their suit, they allege that the team used low quality materials, left the home irreparably damaged with holes in the floor vulnerable to vermin infestation, used poor quality industrial carpeting and left unpainted surfaces. They also claim that the contract with Big Coat required them to deposit $140,000 to be used to pay for work, but that the company ultimately acted as a general contractor, hired low-quality help to save money and kept a large portion of the money to supposedly pay for production costs. We will keep a watch on this one as it unfolds.
The case is still pending in the courts, and it remains to see how the couple’s claims will fare. What makes this case so interesting is that the show is so well known and that it typically portrays itself as doing wonderful things for the couple in terms of their housing situation. As this case indicates, there may be a dark side to the work these reality television construction crews do.
In any construction project, a number of things can go wrong, regardless of how well laid out the contract is and how good the communication is between parties. In cases involving construction defects, defective design plans, defective materials, whatever the case may be, it is important for consumers to understand their legal rights for recovery. Pursuing the appropriate legal claims related to defects is critical to building the strongest possible case.
Breach of contract claims are important, of course, as the parties rely on the promises made in these documents. Breach of warranty is another potential claim. In some cases, warranties are expressly laid out in the contract, while in other cases they are implied by law. In some construction defect cases, strict liability is the appropriate remedy, such as when there are major structural defects. Misrepresentation or fraud claims can also come into play when the contractor secures a contract or transaction by making questionable promises or representations.
In any construction project gone wrong, it is critical for consumers to work with an experienced attorney to build the strongest possible case, both with respect to legal claims and claims for damages and other legal remedies.
