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Construction Defect Claims and Compensation: How Does It Work?

Posted in Construction Accidents on April 8, 2019
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If an individual is injured because a home is constructed poorly, or utilizes damaged materials, they may be able to file construction defect claims.

These claims set to prove that the condition of the building is faulty or dangerous.

Causes of a Construction Defects

Construction Defect Claims - Nehora Law Firm

Construction defect litigation arises when there is a faulty condition in a person’s home which has ultimately reduced the value of the home.

There are a few conditions that are inherently obvious such as water damage, but unfortunately to many homeowners, not all defects are immediately obvious.

Many conditions are only evident until many years have passed since the property was originally constructed.

Construction defects can result from various different elements. While many can happen from a single error, many are defects are the result of a combination of elements.

These elements can include, but are not limited to:

  • The use of low-grade construction materials - Such as cheaply made wood beams
  • Poor engineering
  • Careless construction
  • Faulty site building
  • Inefficient planning

How to Demonstrate Construction Defect Claims in a Court Hearing

Demonstrating a construction defect will greatly depend on the defect itself. The following describes the two most common forms of defects:

  • Patent Construction 
    • These types of construction defects claims are those that are immediately apparent and obvious.
  • Latent Construction Defects
    • These defects are usually not immediately evident. These types of defects will not usually become apparent until many years have passed since the construction of the property.

If you are considering filing a claim for a construction defect on your property, consult with an experienced attorney who will have the necessary resources to acquire the testimony of expert professionals who can speak on the matter. These experts will survey and investigate the matter which can ultimately help to solidify your claim.

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