How Can Civil Litigation Address Construction Defects

How Can Civil Litigation Address Construction Defects?

Posted on July 31, 2024 in Commercial Litigation

Construction projects require significant investments of time, money, and resources. Unfortunately, work performed on these projects may not meet proper standards and defects can lead to serious safety concerns and financial losses. Civil litigation can be an effective way to address these defects and recover compensation for the damages caused. An experienced attorney can help property owners, real estate developers, or other parties address these issues correctly through construction litigation.

Types of Construction Defects

Construction defects can occur in various forms and at different stages of a project. Understanding the potential types of defects that may need to be addressed can help ensure that the appropriate legal action can be taken to address these issues. Some common defects include:

• Design defects: These defects arise from flaws in architectural or engineering plans and can lead to issues such as inadequate structural support, poor drainage design, or insufficient fire protection systems.

• Material defects: These defects occur when inferior or inappropriate materials are used during the construction process. They may include substandard concrete or steel, defective plumbing or electrical materials, or inferior roofing materials and can result in premature wear and tear, safety hazards, and other issues.

• Workmanship defects: These defects stem from poor construction practices or negligent work by contractors and subcontractors and can compromise the integrity and safety of the structure. Workmanship defects may lead to concerns such as cracks in walls and foundations, leaky roofs and windows, or faulty electrical wiring or plumbing.

• Systemic defects: These widespread issues may affect entire systems within a building, and they may occur due to a combination of design, material, and workmanship defects. Examples include HVAC system failures, electrical system malfunctions, and water intrusion leading to mold growth.

Legal Options for Addressing Construction Defects

When construction defects are discovered, it is essential to take prompt action to mitigate damage and recover financial compensation for the losses that have occurred. These issues may be addressed through:

• Filing a lawsuit: Property owners, real estate developers, or other parties who have suffered financial losses due to construction defects may be able to take legal action against the responsible parties, such as contractors, subcontractors, architects, or material suppliers. Legal claims may address breaches of construction contracts, failure to exercise reasonable care, or breach of warranty.

• Mediation/arbitration: Alternative dispute resolution methods may be used to resolve issues related to construction defects. These options may allow a case to be resolved more quickly and efficiently than through litigation. In mediation, a neutral third party will help the parties negotiate agreements and reach mutually agreeable solutions. In arbitration, a neutral arbitrator will review both sides of a case and make a binding decision on how the dispute will be resolved.

• Insurance claims: Property owners or other parties may have insurance coverage that can address the costs of repairs and related damages. It is important to review insurance policies to determine what coverage is available. An experienced attorney can assist with filing claims and negotiating settlements that will properly address the losses that have occurred due to construction defects.

It is crucial to be aware of the statute of limitations for construction defect claims. Under Wisconsin law, the statute of limitations is seven years from the date of the completion of the construction project. Failing to file a claim within this period can result in the loss of the right to recover compensation.

Contact Our Milwaukee Construction Defect Litigation Attorneys

For property owners or other parties who have been affected by construction defects, it is essential to seek legal assistance promptly to determine the steps that can be taken to address these issues and recover compensation. The Milwaukee, WI construction litigation lawyers at Gimbel, Reilly, Guerin & Brown, LLP can review these cases and determine the best options for resolving disputes. To set up a consultation and learn how we can help address concerns about construction defects, contact us at 414-271-1440.

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