There are different legal options that may be available to help property owners when they have encountered construction defects on their property. Many construction projects involve contracts between property owners and contractors or between contractors and their subcontractors.
Construction litigation can arise in a variety of contexts and it is important to be able to address any context it arises in. A claim for construction defects can be based on a claim of breach of contract; breach of warranty; negligence; strict liability; or, in some cases, fraud or negligent misrepresentation. Though they may seem straightforward, breach of contract claims for construction defects can be complex which is why trained guidance can help property owners sort out and address their concerns.
Another type of claim for construction defects that may be made against a builder or its subcontractors includes negligence if the builder or subcontractor failed to exercise ordinary care of skill reasonably expected of a construction professional. In addition, a claim for construction defects may be based on a breach of an express or implied warranty. A claim based on a strict liability implied warranty of habitability may also be brought. A claim for fraud may be another option if the quality of the construction was intentionally misrepresented.
There are many complexities associated with a construction defects claims but they are important claims to understand because property owners need to be able to protect their home or investment. Familiarity with the remedies for construction defects is essential for property owners to understand when they are handling a problem with the construction of their property.