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Construction litigation and reasons for legal liability

On Behalf of | Jan 11, 2019 | Construction Litigation, Firm News |

Construction is a significant part of the economy and landscape in Alabama and across the nation. When a public or private entity is having construction work, there are certain requirements for the work and its quality. The laws will protect them from defects and other issues that can arise due to errors by the company or its contractors. Similarly, construction companies – whether it is as a provider of services or an overseer that hires contractors – will be shielded from various accusations of legal violations.

When there is a belief that there were construction defects on a project, it is important for all involved to understand the various aspects of the law regarding these issues and what constitutes a violation. Legal help is critical. With legal liability, the concerns are negligence, breach of contract, breach of warranty, strict liability and fraud and negligent representation.

When there is a project and anyone working on it does not exercise what is considered a reasonable degree of care, knowledge and skill for those who work in the industry, it must be adhered to. If it is not, there can be allegations of negligence. With an agreement, the property owner can file a lawsuit against the building or developer based on the contract if any obligation is breached. In general, this will surpass something that the builder failed to do when the specifications and plans are gauged.

There will often be warranties for the work done and the items that are placed on the property. When there is an issue that breaches the warranty, this can be the basis of a legal filing due to the contract. According to various courts, builders and those that sell construction materials are to be responsible for the implications in the contract. With strict liability, the general contractor is under implied warranty of habitability. It is not necessary for there to be proven that there was negligence in the construction for the plaintiff to prevail based on strict liability. It is key to show that the defendant was working on mass production, there is a defect, the damages were due to the defect, and the defendant’s actions led to the defect.

With fraud, there will be the allegation that the developer was intentionally misrepresenting the construction and its quality via statements and advertisements. To prove this, it must show that the developer had no intention of completing the plans as they were promised. Whether it is defending or pursuing construction litigation, it is important to under the concept of legal liability. A law firm that understands all aspects of construction and legal filings related to it can help either side with their case.