What Remedies Are Available for Construction Defects?

An Orange County real estate litigation lawyer can provide you with assistance if construction defects arise in a project that you are involved in. Many different types of problems can arise that impact the construction process and that result in a finished project which does not satisfy the needs of the owner. 

Some of these defects are minor and easily correctable, while others can be major safety issues and can cause substantial financial loss. It is important that you have an idea of the severity of the defect so you can take appropriate action to resolve any problems that the defect causes. An attorney can help.

Brown & Charbonneau, LLP has a long history of representing clients who have problems with residential and commercial real estate. We represent builders and contractors as well as developers and property owners and we can assist our clients in achieving the best possible resolution in a timely manner which allows clients to achieve short-term and long-term goals. To find out more about the assistance we can offer, give us a call today.

What Types of Construction Defects Could Give Rise to a Legal Remedy?

Many different things can go wrong during the construction project. Any defects or problems with the finished product which cause the completed construction to deviate from contract terms, or which leave the structure damaged or unsound, could potentially be actionable.

Some of the different kinds of defects that arise frequently during the construction process include:

• Problems with the structural integrity: Issues could arise due to the carpentry or masonry work that cause the construction project to be unsound.
• Unstable foundations: This can put the entire structure at risk.
• Mechanical or electrical problems: This can result in malfunctions and can cause a risk of a fire or other dangerous incident
• Water intrusion: Problems with leaks can result in toxic mold forming in the property.
• Problems with the glass: These issues can affect glass doors and windows, among other glass in the structure.
• Problems with finishes: Problems with finishes can cause the project to not have the expected appearance as specified in the contract. Problems could include improper installation or the wrong finishes being used.

These are just some of the many types of construction defects which could occur and which could give the property owner a claim against the builder or contractor whose work does not meet minimum quality standards.

What Remedies Are Available for Construction Defects?

Remedies in construction defect cases can vary depending upon the type of defect and the impact of the defect. Some of the possible damages that a property owner or developer could seek if there is a defect in a construction project include:

• Diminished value: If the defect makes the property less valuable, the property owner could have a claim for the difference between what the property would have been worth, had the defect not occurred, and what the property is worth as a result of the problems.
• Loss of rental income: If the defect causes the property to be temporarily or permanently un-rentable, the property owner could potentially make a claim for any lost rental income that the owner can prove he would have earned if the defect had not occurred.
• Repairs of the defect: The property owner could go to court to try to get the court to order the original builder / contractor to fix the defect so the problem is resolved and the property is completed in accordance with contractual terms. The property owner could also have someone else repair the defect and pursue a claim for the cost of reasonable repairs.

It is up to property owners to prove the damages resulting from the defects. In some cases, property owners will need to seek their legal remedy in arbitration if there is an arbitration clause in the contract. If there is no requirement to use arbitration, the property owner may go to court and may try to negotiate a resolution to the construction problems with the builder or contractor who is responsible for the defective work.

Getting Help from an Orange County Real Estate Litigation Lawyer

An Orange County real estate litigation lawyer can provide invaluable assistance to clients with the process of resolving problems that arise due to construction defects in residential or commercial real estate.

It is important that you are represented by an experienced attorney who you can trust to take appropriate legal action on your behalf, as construction defects could potentially cause substantial financial loss. To find out more about how an attorney can help you, give us a call today at 714-505-3000