Construction and Negligence Claims: Possible Defects


Construction defects and negligence can lead to injuries later. There are many claims. These incidents often involve multiple people. It may be easier to determine who is responsible for damages if only the homeowners and contracted workers are involved.

Defective equipment, poor use of tools, and negligence by workers in inspecting for defective parts or areas may all lead to the construction zone around the building. An expert witness may be required to help the injured understand and explain any additional issues.

Construction defects cases are most commonly based on contracts between homeowners, developers, and contractors. This usually includes suppliers, engineers, and architects. These people are all involved in the construction of the home or edifice. In these cases, the ultimate goal is to find the responsible party who fixes the problem. When a case is filed, the argument is that the defending party was negligent or breached one or more contracts or warranties. This is a form or strict liability, as well as certain instances of fraud and misrepresentation.

Negligence and Acts

The laws that govern these situations require that the contractor, developer, and subcontractor exercise reasonable care. These professionals must use their knowledge, skill and care to construct the building. This duty of care is extended to anyone who could be hurt by foreseeable means. Potential purchasers of the property may also be covered. Due to employment and contracts, the developer and general contractor are responsible for any negligence of a subcontractor.

Breach of Contract in Construction Jobs

A homeowner who hires a developer or builder may sue them for breaching any contract obligations, such as those in the purchase or sale paperwork or escrow instructions. These cases often involve more than just the failure of the builder or developer to follow proper plans and specifications. The doctrine of substantial performance may be invoked if a claim is filed and the matter goes to court. This requires that the builder pays the contract price, plus any market value reductions due to defects in the plans or specifications.

Invalid Warranty in Construction Cases

A breach of warranty is the same as a breach in a contract. Usually, warranties are included in the documentation of purchase between the homeowner and developer. These warranties cover the condition of the building. These warranties are subject to breach and the contract principles take effect. Courts hold builders and sellers of new buildings responsible for the implied terms in designed and constructed edifices. This includes the use of the building as a residence. These warranties can be waived by potential buyers of the building. Waivers can be difficult to enforce if they are made.

Negligent misrepresentation and fraud in construction cases

False advertising and statements about the building could lead to fraud if the quality of the constructed structure is deliberately misrepresented. Often, there was no intention to follow the house’s designs and the specifications were not kept as promised. Negligent misrepresentation is when a developer claims that a certain detail is true, but there was no reasonable basis to believe these details. These conditions can cause additional problems for the buyer and the seller if the house goes on the market.

Expert Witness in Construction Cases

An expert witness is someone who can explain the facts to the jury or judge. This person will help them understand the circumstances and how they could affect the price of the house. This person has knowledge of both construction defects as well as how developers and contractors work. He or she is familiar with how to breach a contract, what a warranty breach is, how negligence can occur, and what injuries could result from defective buildings or materials. The judge or jury may be able to explain how the injured parties were affected before and after the accident.

Updated 01/18/22