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When a building is constructed poorly or using inappropriate or damaged materials, victims can be injured. Beyond physical injuries to victims, the property owner can suffer financial damages related to the damage to the property. In both of these scenarios, the individual who suffered damages can pursue compensation for those damages through a construction defect claim.
When a claim goes to court to be heard by a judge and jury, it is in litigation. Litigating a case is much different from resolving it through mediation or arbitration. It can be a longer, more stressful, more expensive process for all parties involved, which is why any claimant considering litigation must be fully prepared for the realities that come with litigating a case. These can be explained by an experienced construction defect litigation lawyer.
Types of Construction Defects
Many different types of construction defects can compromise a building’s stability and put its owners and visitors at risk of injury. These include:
- Soil movemen
- Cracks in the concrete or drywall
- Ungrounded electrical systems
- Leaking plumbing systems
- Deficient doors, windows, and waterproofing
- Poor encapsulation of asbestos and lead
- Structural damage and insufficiencies. These can occur at the building’s foundation or in its framework.
These defects can lead to building damage like mold, the release of toxins into the air, degradation of the home’s integrity, and electrical failure. A damaged or defective building can be a dangerous building.
Patent and Latent Cases
Construction defect cases can be classified into two categories:
- atent cases. These are the cases in which the defect and its injury hazards are obvious;
- Latent cases. These are cases involving defects that are not discovered until months or even years after a building is constructed.
When an individual is a victim of a construction defect, he or she can seek compensation for a
variety of damages depending on what he or she suffered and whether he or she owns or rents the property. If you suffered physically or financially from a construction defect, work with a lawyer who has experience pursuing your case type in court.
Pursuing a Construction Defect Case
Through a construction defect case, a claimant may suffer physical harm, and may be able to seek compensation for the following damages:
- personal injury damages
- Property damage
- Legal expenses
- Loss of use of the property
- Temporary accommodation expenses due to the damage
Work with an Experienced Irvine Construction Defect Litigation Attorney
When you are a victim of a construction defect, it is important that you work with a construction defect lawyer who has specific experience litigating cases to pursue your claim. A lawyer who handles this type of case but does not have significant litigation experience can hinder your chance of receiving the compensation you deserve. To learn more about pursuing this type of claim, speak with a member of our team of construction defect attorneys at Nehora Law Firm during your initial consultation in our office.
Construction defects are defects that reduce the value of your home. Given the diverse nature of what constitutes a “defect”, there are innumerable causes of these cases. At Nehora Law Firm, our experienced team of construction defect litigation lawyers can help you recover lost damages and compensation. The defect itself may also be the cause of personal injury, in which case you may be entitled to compensation there, too. If you’re unsure whether you have a case, contact a member of our legal team today. We will provide you with a free assessment of whether you have a case.
As we discussed, there are innumerable causes of what constitutes a defect. Many defects are obvious, whereas others are more insidious and less well-established. It can, in some cases, prove challenging to determine whether the defect was caused through the negligence of another person. Construction experts may need to be consulted and, through their evaluation, they can provide the evidence to buttress and support your case. Below, we list only some of the common causes of construction defect litigation cases.
Unwanted water intrusion
issues, such as
Cracked concrete, drywall and stucco
Defective building materials
Deficient windows, doors and waterproofing
Of course, there may be multiple causes – each of which influences and amplifies the effect of the other. These causes include shoddy workmanship, improper use of building materials, poorly executed civil and structural engineering, poor choice of site, among other factors. Our construction defect litigation attorneys have helped clients throughout Orange County recover compensation by defects impacted by water damage, mold, electrical failure, systemic heating failure, cracks and structural weaknesses, badly managed drainage and dry rot.
The impact of construction defects can be both serious and hazardous. These defects are serious in that they reduce the value of your home. They are hazardous because, in many cases, the defect results in personal injury. In legal terms, there are several categories of construction defect. Our construction defect litigation lawyers have dealt with both “patent” and “latent” cases. Patent cases are those defects that are clear and present. Other defects do not occur until many months and years have passes. These are referred to as “latent” cases.
Many clients ask what damages they might be entitled to. Of course, the precise value needs to be evaluated on a case-by-case basis. Nonetheless, we can summarize many of the leading sources of damages. These include the loss in value of your home, personal injury damages, loss of the use of your property during repairs, legal fees, and any temporary accommodation you need to use while repairs are ongoing. The nature of the case, the impact it has had on you personally, are also considered. Together, our construction defect litigation lawyers evaluate the maximum possible compensation.
At Nehora Law Firm, our attorneys can help you, through our free consultation, determine whether you have a case. We have helped clients throughout Orange County recover the compensation they’re entitled to. We take both economic and noneconomic factors into consideration when evaluating the precise compensation value. Fill out our online form today, or, alternatively, call us at (949) 629-4349 to receive a free consultation today. Our attorneys work tirelessly to help you win your case.
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