In Alabama, when there is construction work of any kind done, the expectation is that it will be done up to specifications and the work will be sound. However, there are often allegations from private and commercial customers that the contractors and construction companies did not complete the work as specified or there were defects with it. Whether it is from the perspective of the customer or the construction company, a case regarding construction issues requires experienced legal help. Knowing the various reasons why there might be assertions of construction defects is key.
When there is an issue in anything related to construction – how it was planned, designed, supervised, inspected, observed or constructed – it can be the basis for a lawsuit. This can include the structural integrity of the project; mechanical issues; electrical issues; water intrusion; moisture protection; problems with the glass, windows and doors; and much more. When considering a court case, the court will generally assess deficiencies in material, design, subsurface and construction.
With material deficiencies, a company might be alleged to have used building materials that are not up to standard. This can cause such issues as leaks, performance problems and other issues. If this occurs, the customer will want it repaired or rebuilt. Design deficiencies stem from the way the project was planned by engineers and architects. There might have been violations of the codes. Subsurface deficiencies are linked to expansive soil conditions. The foundation of a construction must be stable and if there is no solid foundation, the property might not settle to the ground, it might move or shift, or there could be flooding. Finally, with construction deficiencies, the actual work might have defects with cracks, rotted building materials, pests infesting the property and more.
From the company’s viewpoint, they might believe they have adhered to proper standards and view the assertions of deficiencies to be inaccurate. The customer who contracted for the work could believe that the company that did the work is responsible and should repair it or pay for what went wrong. Having legal advice is critical when there is the possibility of construction litigation. This is the first call to make when considering a lawsuit.
Source: realestate.findlaw.com, “Types of Construction Defects,” accessed on May 17, 2018