Latent defects are one of the two most common types of defects found in new...
The attorney’s role in the construction defect claim process is a critical one. When a construction defect is discovered, an attorney can help the owner of the property understand their legal rights and options. This may include reviewing the construction contract and any warranties that were provided, as well as the applicable laws and regulations.
What Is the Attorney’s Role in the Construction Defect Claim Process?
If the owner decides to pursue a claim for damages, the attorney can assist with gathering and organizing evidence, such as photographs, expert reports, and other documentation. The attorney can also negotiate with the other parties involved, such as the contractor, subcontractor, and any insurance companies, in an effort to reach a resolution.
If the parties are unable to resolve the issue through negotiation, the attorney will make sure that all prelitigation requirements are met and then assist filing a lawsuit on behalf of the owner. The attorney can represent the property owner in court and advocate for the victim’s rights and interests.
Throughout the process, the attorney can provide advice and guidance to the owner and help them understand the legal issues and options available to them.
What Qualifies as a Construction Defect?
A construction defect is a problem with the design, construction, or maintenance of a building or other structure that impairs its use, value, or safety. Some common types of construction defects include:
- Structural defects: These defects involve problems with the foundation, framing, or other structural elements of a building, and can include issues such as cracked foundations, sagging roofs, and collapsing walls.
- Water infiltration: Water infiltration defects involve problems with the building’s ability to keep out water, such as leaks, mold, and rot.
- Electrical defects: Electrical defects involve problems with the wiring, outlets, or other electrical components of a building and can include issues such as faulty wiring, overloaded circuits, and inadequate grounding.
- Plumbing defects: Plumbing defects involve problems with the pipes, fixtures, or other plumbing components of a building and can include issues such as leaks, blockages, and faulty water heaters.
- HVAC defects: HVAC (heating, ventilation, and air conditioning) defects involve problems with the building’s heating and cooling systems and can include issues such as faulty thermostats, inefficient heating and cooling, and inadequate ventilation.
Construction defects can occur for a variety of reasons, including faulty design, poor workmanship, and the use of defective materials. It’s important to identify and address construction defects as soon as possible to prevent further damage and ensure the safety of the building.
What Are Some Common Construction Defect Injuries?
Construction defects can cause a wide range of injuries, depending on the specific circumstances of the case. Some common types of construction defect injuries include slip and fall accidents or electrical injuries.
Common Damages in Construction Defect Injury Cases
In a construction defect injury case, damages are typically the financial compensation that the injured party is seeking from the party or parties responsible for the defect.
Some common types of damages that may be sought in a construction defect injury case include the following:
- Medical expenses: This may include the cost of medical treatment, such as hospital stays, surgery, and rehabilitation.
- Lost wages: If the injury has caused the injured party to miss work, they may be able to recover damages for the wages they have lost as a result.
- Pain and suffering: The injured party may be able to recover damages for the physical pain and emotional suffering that they have experienced as a result of the injury.
- Property damage: If the construction defect has caused damage to the injured party’s property, such as their home or vehicle, they may be able to recover damages to repair or replace the damaged property.
- Loss of consortium: If the injury has had a negative impact on the injured party’s relationship with their spouse or other family members, they may be able to recover damages for the loss of consortium.
The amount of damages that may be recovered in a construction defect injury case will depend on the specific circumstances of the case and the severity of the injury. A construction defect attorney in Nevada can help the injured party assess their damages and determine the appropriate amount to seek in a claim or lawsuit.
How Long Does a Construction Defect Injury Case Take?
The length of a construction defect injury case can vary widely depending on a number of factors, including the complexity of the case, the availability of evidence, and the willingness of the parties to reach a settlement.
In some cases, a construction defect injury case may be resolved relatively quickly through negotiation or mediation, and the parties may be able to reach a settlement within a few months.
In other cases, the case may take longer to resolve, especially if it goes to trial. A trial can take several months or even years to complete, depending on the complexity of the case and the court’s schedule.
It’s important to keep in mind that every case is different, and it’s difficult to predict exactly how long a construction defect injury case will take. An attorney can provide more information about the specific timeline for your case and help you understand the steps that will be involved in resolving your claim.
Can I Mediate a Construction Defect Injury Case?
Mediation is a process in which the parties to a dispute meet with a neutral third party, called a mediator, to try to resolve their differences and reach a mutually acceptable agreement.
Mediation can be an effective way to resolve a construction defect injury case because it allows the parties to have control over the outcome of the case and to reach a resolution that is tailored to their specific needs and interests.
Mediation is voluntary. Both parties must agree to participate. If one party is not willing to mediate, the case may need to be resolved through other means, such as negotiation or litigation.
What Is Construction Negligence?
Construction negligence is the failure to use reasonable care in the design, construction, or maintenance of a building or other structure, resulting in harm or damages.
Construction negligence can occur when a contractor, architect, engineer, or other professional fails to meet the accepted standards of care in the industry and causes harm as a result.
Examples of construction negligence may include:
- Using faulty or defective materials in the construction of a building.
- Failing to follow proper building codes or industry standards.
- Failing to properly design or engineer a building or structure.
- Neglecting to properly supervise or train employees.
- Failing to properly maintain a building or structure.
If you believe that you have been injured as a result of construction negligence, you may be able to seek damages through a personal injury lawsuit. It’s a good idea to speak with an attorney who is experienced in construction defect cases to understand your legal options and determine the best course of action.
What Is a Limited New House Warranty?
A limited new house warranty is a type of warranty that is provided by a builder or developer to a buyer of a new home. The warranty typically covers defects in materials and workmanship in the home for a certain period of time, usually one or two years.
A limited new house warranty typically does not cover normal wear and tear or damage caused by the homeowner. It is also important to note that a limited new house warranty is not the same as a homeowner’s insurance policy, which covers damages to the home caused by events such as fires, storms, and burglaries.
It’s a good idea to carefully review the terms of a limited new house warranty before purchasing a new home. The warranty should specify what is covered and what is not, as well as the process for making a claim if a defect is discovered. If you have any questions about the warranty, it’s a good idea to ask the builder or developer for clarification.
An Attorney’s Role in a Construction Defect Injury Claim
An attorney can play a critical role in a construction defect injury claim. An attorney can help the injured party understand their legal rights and options, gather and organize evidence, negotiate with the other parties involved, and represent the injured party in court if necessary.
An attorney can also provide advice and guidance to the injured party throughout the process, helping them understand the legal issues and options available to them. An attorney can work with the injured party to assess their damages and determine the appropriate amount to seek in a claim or lawsuit.
If you have been injured as a result of a construction defect, it’s a good idea to speak with an attorney who is experienced in construction defect cases. An attorney can help you understand your legal rights and options and assist you in pursuing a claim for damages.