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Construction Defects and Their Legal Liability

A construction defect case aims to necessitate the responsible party to rectify and correct the defect. Usually, any complaints against defendants claim breach of warranty, breach of contract, negligence, or strict liability.
Most common cases of construction defects are established on the contracts that exist between the developer and the homeowner or the contracts between the contractor and their subcontractors involved in the construction of the home. These include engineers, suppliers, and architects.

Negligence
Under the law, the general contractor, developer, or subcontractor is obligated to employ a certain degree of knowledge, skills, and care that are normally employed by building professionals. This duty of care includes all parties who could be injured or aggrieved by the construction defect, as well as any future purchasers. The parties answerable for the irresponsibility of their subcontractor are the general contractors and developers.

Breach of Contract
A homeowner can sue the developer or builder under the privity of contract theories. These include breaches of obligation stated in the documentation of the purchase and/or any instructions for escrow. This normally surpasses a failure on the part of the builder to construct the home in a manner conforming to the specifications and plans.

Breach of Warranty
Most often, the purchase documents between the homeowner and the developer state a warranty regarding the property’s condition. The law states that the individuals who build and sell new construction need to be held responsible for what is stated in the warranty and that the finished property was both designed and built acceptably, with high-quality workmanship. Builders and vendors are subjected to the supposition that the property built was constructed to be sold, and should be used for a certain purpose.
Homeowners can waive, and builders may deny implied warranties in some states. If there is a disclaimer included, they are interpreted against the developer or seller. In most cases, it’s hard to enforce a waiver.

Strict Liability Claims
The implied warranty of habitability inflicts a stern liability on the general contractor. This theory that opposes a general contractor states that there is no need for them to prove the developer or general contractor was neglectful of the home’s construction. The plaintiff does have to claim the defendant was included in the existing defect of the home, that damage was caused by the defect, and also that the defendant created or caused the defect.

Have Your Construction Defect Claim Reviewed by a Construction Lawyer
It’s a big responsibility to own a home, as it carries with it ongoing maintenance costs and concerns. The last worry that needs to be on your mind is a construction defect that was caused due to negligence by another party. If you think that your home’s defect is the consequence of someone else’s negligible actions, you should think about filing a claim. You can have your claim reviewed by an experienced construction lawyer and get some peace of mind.

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Car Accident Attorney: Injury to a Child

Has your child been injured in a car accident? Our car accident attorneys can help you ensure that your child’s injuries are taken care of and fairly compensated for.

When a child is injured in a car accident, the laws are applicable in a somewhat different manner than they do in a car accident case involving an adult. The primary difference lies in the methods in place to determine that the minor child receives a fair settlement.

Statute of Limitations
In most vehicle injury cases, the standard two-year statute of limitations applies, whereby the plaintiff will only have a period of two years from the date of the accident to file a lawsuit against the defendant. In the case of a plaintiff who is a minor child, the statute of limitations is extended to a period of two years from their 18th birthday. For example, if the child is 2 years old at the time of the accident, they will effectively have about 18 years from the date of the accident to seek civil action against the defendant. Should the child be 14 at the time of the accident, they would have about 6 years to file a suit. This is all done in the name of fairness for the minor child. If the child’s parents never went through with a lawsuit, or if they let the ordinary statute expire for their portion of any damages, the child still has the option to pursue the case later in life.

Damages the parents may be entitled to
When a child has suffered an injury and the parents hire an attorney, they are effectively hiring the attorney to do what is in the best interest of the child. The attorney’s primary goal is to recover a fair amount of compensation for the child, to be made available to them when they are old enough to make their own decisions. However, the parents of the child will often incur their own damages that their attorney will fight to get them compensated for. Typically, these damages are limited to monetary type damages such as medical expenses. If you think about it, this makes perfect sense as the parent is financially responsible for the child’s medical expenses, but the child as an individual has their own set of damages as the victim.

Damages available to a child
The attorney will seek to recover fair compensation for the child’s damages. As the victim, the child is eligible to receive compensation for all of the conventional forms of damages such as pain and suffering, mental anguish, physical disfigurement, etc. Furthermore, when dealing with a severe injury to a child, our law firm believes that the way the injury has impacted the child’s future ability to interact with others and earn a living must also be taken into consideration.

Many people attempt to look at a child injury case the same way as an injury case involving an adult. We see it as our job to ensure that before anyone ventures to determine what such a case is worth, they first consider how these injuries will affect the child’s ability to live a normal and productive life throughout a full lifetime, rather than just considering the small snapshot of their immediate damages.

Ad Litem
In child injury cases, an ad litem is appointed by the court before any settlement or jury verdicts can be agreed upon. The ad litem is a non-biased representative of the court whose job it is to determine that any agreed-upon amounts of money are, in fact, in the best interest of the child, and not simply the whim of the child’s parents or unscrupulous legal counsel. Once the determination is made that any agreed-upon amounts of money are fair and reasonable, the case may proceed. Upon the completion of the case, the court system will secure the child’s money in an account until they turn 18 years old.

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