Common construction mistakes that could lead to litigation

| Aug 19, 2020 | Construction Litigation |

Mistakes made during renovations, remodeling projects and new construction projects can drastically impact the value of the property and the ability of the owner to quietly enjoy their space. When construction professionals make significant mistakes, the property owners unhappy with the results may take action against them.

Whether you are a property owner and worried about defect during a major project or you run a company that provides construction services, knowing some of the most common issues that lead to construction defect litigation can help you better monitor a project in progress.

Water intrusion and mold formation are common issues

Whether a project involves building a new structure, replacing windows or adding onto an existing building, properly sealing and enclosing the final project are important steps. Unfortunately, homeowners may find that there’s a gap in their shingles or a crack in the foundation that leads to substantial water intrusion.

Sometimes, there will be visible fluid accumulating to warn homeowners of the issue. Other times, people won’t realize what’s going on until they discover mold growing in their home.

Uneven foundations leading to issues with doors and windows

Imagine paying to build a brand new home, only to realize after only a few months that some of your doors or windows don’t fully open and close. In some cases, water intrusion can be responsible for the difficulty people have when opening or closing doors, but shifting or sinking foundations due to improperly prepared ground underneath the foundation is a common cause as well.

Owners dealing with cracks in their drywall, doors or windows that don’t open, or uneven floors in newly constructed or renovated properties may take action against the professionals involved in the project.

Material defects due to cut-rate supplies

Sometimes, what seems appropriate and in accordance with a contract on the surface is truly not. A homeowner may have paid for premium carpeting with a special coating to protect against staining. They may not realize at first that the contractor used a cheap knockoff in the same color until their carpet becomes stained or incredibly worn despite being new.

People could discover cheap flooring materials if they move furniture and damaged what they thought was hardwood but turned out to be laminate with a textured top layer that seems like real wood. Some people even discover that contractors used paper board instead of drywall when a person or piece of furniture ends up going through a weak point in the wall.

When homeowners discover cut-rate materials, issues that stem from bad design or other obvious construction defects, they can bring a lawsuit against the company that did not live up to their obligations under the contract. In some cases, homeowners will seek the cost of making repairs to the property. Other times, they might seek compensation for the impact on the value of the home that the defect caused.  If such problems are discovered, there are strict deadlines that determine how long a homeowner has to file suit.  Be sure to contact a construction law attorney if you face this type of problem.

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