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The term “defective construction” can allude to a variety of problems within a given property, building, or structure. Some possible issues that may warrant a defective construction lawsuit include:
- An injury that arose from a construction defect
- Design-related defects in a structure
- Construction-related defects in a structure
- Failure to honor a construction-related contract
- Failure to honor a construction-related warranty
There are additional reasons to file a lawsuit based on negligence in the construction sector. To learn more about your possible options for rectifying one or more instances of construction-related negligence or wrongdoing with the assistance of a Murfreesboro defective construction lawyer, call our team at The Cochran Firm – Nashville today at (615) 651-7451 for a free consultation.
What May Qualify You for a Defective Construction Lawsuit
A defective construction lawsuit can pertain to problems in the design, construction, or utility of a structure. It may also be warranted in the case of several other construction-related issues.
You may have reason to file a construction defect lawsuit if:
- The structural quality of a building, including its many components (electrical, plumbing, or otherwise), is not up to promised standards
- The intended use of your building is not possible, despite those who designed and built your structure knowing its intended use
- You were expressly or implicitly promised warranty on one or more building components and the warranty has not been honored
- You believe that a party has breached one or more components of a construction-related contract
- Your property is not merchantable—that is, it does not live up to the standards of quality or use that were promised by the designer, engineer, or contractor
Determining Who May Be Responsible for a Construction Defect
The party that may be responsible for a construction defect will likely depend on the nature of the problem you are facing. Another factor that may play a role in any litigation that you pursue is indemnification. Indemnification contracts or indemnity bonds:
- May exist between you and the engineer or architect who constructed the property in question
- May exist between an engineer/architect who designed the property and their subcontractors responsible for constructing the property
- May hold an architect, engineer, or one or more subcontractors responsible for financial losses you have incurred because of one or more defects in your property, according to the American Institute of Architects
You may also have drawn up a general contract between yourself, architects, engineers, and builders that outlines (in a level of specificity that varies from contract to contract) who would be responsible for various forms of construction defects.
These contracts will likely play a role in determining who would be financially liable in instances of:
- Defects in the physical structure of a building, which could include but not be limited to walls, floors, or roof components
- Defects in built-in components of the structure, such as electrical wiring, plumbing, air conditioning ducts, insulation, and other non-structural aspects of the property
Deducing who is responsible for these issues may not be straightforward. You may choose to work with a Murfreesboro defective construction lawyer so that they can help you identify liable parties and bring forward any legal action that you deem necessary.
Call our team at The Cochran Firm – Nashville today at (615) 651-7451 for a free consultation about your case.
For a free legal consultation with a defective construction lawyer serving Murfreesboro, call 615-678-6278
A Lawyer May Be Able to Help You Determine Liability
There are several factors to consider when filing a defective construction lawsuit. Some questions you may need to ask include:
- Is the defect in the structure the result of poor planning or design?
- Is the defect in the structure the result of its construction, such as may be the case if sup-par materials were used for construction?
- Are there any contracts that would help determine or impact who is liable for defects in either of these construction phases?
You may have signed a document (or engaged in a verbal agreement) that impacts an architect, engineer, or subcontractor’s responsibility to rectify any defects that arose in the structure they helped design or construct. A Murfreesboro defective construction lawyer may be able to help you determine who is responsible for what with respect to a construction defect.
Possible Duties of a Construction Defect Lawyer
If you choose to employ the services of a lawyer to help you address your construction defect issue, then you may reasonably expect them to:
- Collect, read, and analyze the totality of contracts pertaining to the structure in question (which could include indemnification agreements between you, architects, engineers, subcontractors, or any combination of these parties)
- Explain to you the legal ramifications of such contracts, including any warranties to which you are entitled from specific parties and who they believe is liable for the defect you are facing
- Take legal action against the parties deemed liable for your construction-related problems
- Collect evidence (including contracts, photographs of the defect, and any other proof) that the defendant in your case may be liable for your financial losses
- Consult any experts in the construction or legal fields that may benefit your case for compensation
- Represent you in settlement negotiations or at trial
- Defend your rights throughout their time as your lawyer
Potential Awards from a Construction Defect Lawsuit
If your Murfreesboro defective construction lawyer is able to reach a settlement with representatives for the defendant(s) in your case—or if you are issued a favorable judgment—then you may be able to collect compensation for losses related to the construction defect.
Some possible awards may include financial coverage for:
- The cost of repairing the defect
- The cost of damage that the defect has caused you
- The cost of revenue that you have lost because of the defect
- Additional non-monetary losses that you have sustained because of the defect
Murfreesboro Defective Construction Lawyer Near Me 615-678-6278
Call Our Team at The Cochran Firm – Nashville Today
We will speak with you about the construction defect in question and may represent you in any legal action you decide to pursue. Call our team at The Cochran Firm – Nashville today at (615) 651-7451 for a free consultation.
We embrace the fighting spirit of Mr. Johnnie Cochran Jr. in all that we do, and we want to fight for you.
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