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Litigating a construction defects claim

When a homeowner or other property owner discovers construction defects, it can be alarming and of significant concern. Fortunately, the laws concerning construction defects protect them and can serve as an important resource to ensure they are addressed.

Litigation for construction defects is a fairly common process, as construction defects litigation is one of the most common type of construction litigation. Faulty construction claims between property owners and general contractors are the most common type of construction defect litigation but construction defects litigation can also arise in the context of disputes between contractors, subcontractors and materials suppliers regarding the quality of the work performed or the materials used.

Construction defects can refer to problems with errors in construction of the foundation; use of Chinese drywall or toxic substances; improper installation of windows and doors; faulty electronics and wiring; water leaks and water intrusion and can include design defects, materials defects and construction defects. In some circumstances, negotiation may also be used as a method of attempting to resolve the dispute so it is helpful for property owners to be familiar with the different legal resources available to them. In addition, different types of remedies may be available depending on the circumstances and goals of the property owner.

Though construction defects litigation can be complex at times, it is important for affected property owners to be familiar with the process and the important timelines associated with the process of which there can be many. Construction defects litigation is an useful protection for property owners facing the frustrations and stressed of construction defects.

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