Get Compensation for Injuries Caused by Defective Construction Materials
Material defects in construction can cause significant losses and property damage. These oversights can also lead to personal injuries and industrial accidents due to failure of construction materials. Problems and mistakes can be attributed to flaws in workmanship, design, materials, engineering, and other issues. At Parker Waichman LLP, our team of attorneys has extensive knowledge related to material defects in construction and how they can affect people’s lives. If you believe you may be entitled to compensation, contact us for a free consultation. We’ll help you decide the next steps and guide you through the process from start to finish.
Responsibility for Material Defects in Construction
A few parties may be responsible for construction material handling accidents. Defects may be the fault of the manufacturer, the contractor or both. Typically, when a lawsuit like this is pursued, cases are between:
- The homeowner and the developer
- The homeowner and the contractor
- The contractor and the suppliers, engineers or architects
- The homeowner and anyone involved in building their home
The purpose of a defective construction materials case is to find out who is responsible for a construction materials handling accident and recover compensation for any damages incurred as a result.
Types of Claims Made After a Construction Materials Handling Accident
After determining responsibility, a few types of cases might be filed:
Negligence
Contractors are required by law to undertake their construction projects with “reasonable care.” This duty of care is responsible for protecting anyone who could be harmed by defective construction materials. Negligence also applies if it’s believed that the contractor didn’t have the necessary knowledge to construct a safe structure.
Breach of Contract
When a contract is signed, the builders and developers are bound to a “doctrine of substantial performance” as outlined in the contract. Lawsuits pertaining to breach of contract usually involve:
- Breaking an obligation that was included in the terms of the contract
- Ignoring the purchase or sale documentation
- Not following escrow instructions
Breach of Warranty
A breach of warranty is similar to a breach of contract. Builders and construction workers are responsible for supplying what was implied in a contract or a warranty. Many contracts include warranty information detailing how long a homeowner can expect certain products and materials to last.
Strict Liability
In a strict liability case, the property owner doesn’t have to prove negligence, but they do have to prove:
- The contractor was involved in a mass-produced project
- There’s a defect in the structure
- Damage or injury was caused by that defect
- The contractor or developer caused the defect
Fraud or Negligent Misrepresentation
These types of cases are not as common but are filed when the contractor misrepresents a product intentionally and uses false advertisement and statements. The property owner must prove in these cases that the developer gave the property owner information that they had no reason to believe to be true.
What Are the Most Common Types of Construction Defects?
Some of the most common defects brought up in lawsuits include:
- Dry rot
- Mold
- Faulty drainage
- Faulty electrical systems
- Cracks in the foundation, roof or floor
- Structural failure
Industrial accidents due to the failure of construction materials are the responsibility of builders, contractors, and suppliers who promised that a product would be stable for a certain period of time. Figuring out who may be responsible for injuries or damages can be a daunting process, but Parker Waichman is here to help. Call us today at 1-800-YOUR-LAWYER to get a free case evaluation and see how we can help you stand up for your legal rights.
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