Each year in North Carolina, people suffer harm because of construction defects. Homeowners may face staggering losses from poor or shoddy construction and architectural design. When construction defects are discovered, property owners have the right to seek legal remedies against the architects, contractors, subcontractors, or engineers who are responsible for the problems.
Construction defect claims may be based on theories of negligence, breach of warranty, breach of contract, strict liability, or fraud and misrepresentation. Companies and professionals in the building industry are required to use a reasonable degree of skill and care that is expected of others in their particular trades. When they fail to use the degree of care that is expected of them, they may be liable to pay damages to the homeowners.
A breach of contract may exist when the defendant company violates the obligations to which it has agreed in the written contract for building the property. Developers also set forth specific warranties in the purchase agreement. If these warranties are violated, the developers may be liable for a breach of warranty. The general contractor for the project may be strictly liable for the construction defects. Finally, if the developer fraudulently misrepresented the quality of the work, it may be liable.
Construction defects can cause homeowners to lose substantial sums of money. People who have discovered construction defects in their homes may benefit from talking to an experienced construction litigation lawyer who may complete a case evaluation and provide a fair assessment of the merits of the claim. Counsel may also explain the legal options and potential remedies that may be available.