Those who are considering buying a home or building can consult with Charlottesville Construction Defect Attorneys at MartinWren, P.C. about what construction defects to look out for, and how to take action if you notice them. A “construction defect” is generally defined as shortcomings in the design or construction of a building or structure and/or a failure to design or construct it in accordance with the buyer’s reasonable expectations. The alleged defect often results in some damage to the structure and necessitates repairs or replacement to remedy the defective condition.
If you are a homeowner, building owner, association, or builder seeking representation in construction defect litigation, Charlottesville Construction Defect Attorneys in Virginia at MartinWren, P.C. can ease your mind and strongly and effectively advocate your position. Our Charlottesville construction litigation lawyers possess a wide range of experience and a depth of knowledge in construction law and can advise you on the best strategy to protect and promote your best interests.
Common Construction Defects
When you hire a construction company, construction firm, architect, or general contractor to perform work on your property – whether through a remodel, new construction, or renovation – you are entitled to have that work completed properly. Proper construction, adequate design, and standard workmanship can create a valuable asset for the property owner, neighborhood association, and developers or investors.
A construction defect is when there is a flaw in the construction or design of a structure, building, home, or other property. Construction defects can be caused due to poorly designed materials and workmanship. Here are some of the most commonly seen construction defects that can occur in a building or residence:
- Cracked streets along private property
- Leaks or stains around common area planters
- Fractures in common area pavers or slabs
- Stained drywall around ceilings and windows sills
- Excessive cracks among tile floor, patios, or garage slab
- Roofs, doors, or windows that leak after rain
- Moisture issues because of poor waterproofing or drainage
- Corroded plumbing
- Finishing imperfections
- Doors binding, making them hard to open and close smoothly
- Discoloration at entry landings and below decks
- Mechanical and electrical problems
For a legal consultation with a personal injury lawyer, call 434-817-3100
Statute of Limitations
Depending on your state, there may be a time limit to file a claim once you observe a defect in your property. Virginia has a statutory home warranty claim that requires you to act quickly and to satisfy technical requirements, so it is important to contact an attorney quickly if you have such a claim. The statute of limitations for construction defects does vary by state, so it may be best to consult with a member of our legal team to find out what laws apply to where you live.
How Courts Categorize Defects
A Construction Defect Attorney in Charlottesville, VA from MartinWren, P.C. has knowledge in how the court may categorize construction defects. Usually, these defects fit into one of the four categories: 1) material deficiencies due to incorrect building materials, 2) design deficiencies that are outside of code, 3) construction deficiencies due to subpar workmanship, and 4) subsurface deficiencies from expanding soil. If you observe a construction defect in your home or other property, don’t hesitate to take photographs of the issues and ask a member of our legal team for advice.
Taking Action for Breach of Contract
Unfortunately, you may have entered into a contract or agreement with a construction company or contractor to perform work on your property, and they are not fulfilling their end of the bargain. Whether you hired them for new construction, performing roof work, building an addition, home remodeling, driveway improvement, landscaping, or a deck addition, if their work does not comply with the acceptable standards of their trade, an experienced member of our team may be your only chance of fixing the problem.
If, on the other hand, you are in the construction industry and have been served with a construction-related claim or lawsuit, you may find yourself in the midst of panic and confusion. The stakes are high. You have a short window of time to respond once you are served with a lawsuit. If you fail to timely and adequately respond, the plaintiff could be awarded a judgment regardless of your fault in the matter. A skilled construction lawyer can help you avoid this terrible scenario.
A construction defect can be deemed a breach of contract, if the buyer purchased the home from a builder and then the home was found to be hazardous or defective. A builder has a duty to a buyer to not be misleading or violate terms of the purchasing agreement. With help from Construction Defect Attorneys in VA, action can be taken against the builder for breaching the contract. It can be not only frustrating to find out that the home you bought is imperfect, but scary to realize that your home may be unsafe to live in because of the defect.
Preserve Paperwork and Contracts
Following wise and prudent business practices will help those involved in the construction industry be prepared for any potential legal disputes. Parties will be greatly served by preserving important information, including contracts, change orders, correspondence, any insurance policies, any requests for information, any variation of blueprints prepared by the architect, copies of inspection cards, any notes you wrote about the job while journaling its progress, and any additional insured endorsements you obtained. This documentation will not only provide historical context for the project, it will also serve as evidence to define the scope of work including its progress, inspections, and any changes made over the course of the project.
Our Legal Team at MartinWren, P.C.
Here at MartinWren, P.C. we understand that construction defects can greatly diminish the value of your property or your business and cause significant financial loss. We have experience both pursuing and defending contractors and subcontractors in construction defect litigation. As a home purchaser or business owner, please know that you don’t have to accept a construction defect. You can file a claim for compensation due to the error. Call us immediately to speak with a member of our legal team if you have found a defect in your property.
Let us help you aggressively and effectively handle any construction defect claims. Contact the experienced VA Construction Defect Attorneys in Charlottesville at MartinWren, P.C. at 434-817-3100, and ask for John B. Simpson.
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