Ways To Handle Construction Defect Dispute

By Lelia Hall


With the increasing number of buildings under construction, the amount of defects has risen proportionately. Most contractors do not know what to do when served with defect lawsuits. The shortcomings in the building industry have caused immense defects that have led to fatalities and costly repairs. For an architect, or any consultant involved in the construction process, it is vital to plan beforehand to avoid disputes; but if this type of problems arise, you need construction defect litigation help.

Contractors need the support of experienced lawyers in order to overcome such hurdles. If a defect occurs on-site, the lawyer ensures that the clients are compensated. A contractor who compensates such people builds a good name. A good reputation will go along way when the contractor is bidding for jobs.

Obviously, for any legal matter, you must communicate with your lawyer. After you receive the lawsuit, you have a short time to prepare. If you fail to respond in time, the plaintiff can easily get a favorable response even if you may not be culpable. Unfortunately, your license might be cancelled or suspended until you compensate the plaintiff.

Your lawyer can also help you to claim your money from the insurance company. If you have paid your performance bond, the insurance company should pay for covered defects. The insurance company will also hire a lawyer and if you represent yourself, you will have a very minimal chance of success. A lawyer can help you to calculate the amount of money that the insurance company should reimburse you in order for you to compensate the plaintiff.

The insurance company can also help you to find a good lawyer. The good news is that with a good lawyer, you can save a lot of time in court. If you decide to compensate the victim, you can resolve the matter out of court. With a judgment against you, your can lose your right to practice. You can avoid this if your lawyer is skilled in this field.

In order to defend yourself against future lawsuits, the first thing you should do is keep good records of every job. Without the proper documentation of the job, preparations for a lawsuit might prove impossible. In addition, you must retain all copies of the insurance policies you have signed. If defects occur during construction, your insurance company should compensate the aggrieved parties fully.

The court will also require a copy of the contract document. This document stipulates the different standards of performance. Fortunately, your lawyer can pinpoint the occasions when the standards were breached. If you breach the requirements of the contract documents, the defects are more likely to occur. Your documents must be accompanied by copies of technical drawings, architectural blueprints and inspection certificates.

A contractor understands what happens on the job site better than any lawyer. However, a lawyer can compile a strong defense if you provide the required information. In case you take a few minutes to organize the files after every job, you will prepare yourself for such eventualities in future. These tips will protect your construction company from expensive lawsuits.




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