In recent times, the construction industry has been beleaguered with numerous construction claims against construction companies, designers, engineers, and developers. These matters arise from claims of professional negligence that have been prevalent in the industry. Construction defects result from various factors which include the use of inferior building materials, negligence by the constructor and poor workmanship. Some construction defects are also owed to adverse climatic conditions and thus can be used as a defense by the defendants in construction claims.
However most defects are due to sheer negligence of the constructor, and in this case, you can visit https://floridastuccolawyers.com and the attorneys therein will move to court and seek various forms of remedies that are available.
Construction of projects is based on a contract, and therefore you can bring forth a claim for breach of contract to enable you to recover damages. Various remedies can be sought in a construction claim. For example, you can seek reasonable costs for the sum incurred during the construction of the defect promulgated by the builder. The costs of repairs for the damage suffered as a result of the negligence of a builder requires substantive proof and evidence.
Also, as a remedy, you can claim the costs incurred in hiring investigative experts to ascertain the extent of the construction defect.
Finally, a plaintiff or claimant in a construction defects case is entitled to costs recoverable by statute or contract.
Causes of action
As aforementioned, in construction defects cases there are various claims available to a claimant. Strict liability, breach of express warranties, breach of implied warranties and negligence are applicable causes of action available to an applicant. Also, you can seek other applicable causes of action depending on your case analysis and its full extent of facts.
Also known as Absolute liability, this is a contract law remedy that ensures that a wrongdoer takes complete responsibility for the injury suffered by the claimant or plaintiff. It is a legal liability for damages that is apportioned to a person even when the intention to do wrong is not established. In essence, a party can be held strictly liable without proof of negligence, intention or fault.
Breach of warranty
Breach of express warranty exists where there is a preexisting condition in regards to the quality of the material and property used in the construction of the defected project. Conversely, breach of implied warranty exists when there is no express warranty, but the law suggests that certain the type of work should be performed according to a standard set by governmental regulations.