Whether you are building a house, a building or an outdoor structure, you deserve to receive the results that you paid for. Unfortunately, this is not always the case.
If your project ended up with significant defects and other evidence of subpar work, you could have grounds for legal action. But before anything else, here is some important information to consider.
Find all the defects and assess their severity
The first step is to find all the construction defects and evaluate their severity. A home inspector can help you with this. They can detect all the construction errors, cosmetic issues and other problems, as well as determine how much it would cost to fix them.
Doing this can help you see if you have grounds for a lawsuit, such as:
- Breach of contract
- Negligence resulting in damages or defects
- Building code violations
- Substantial defects affecting the value of the building and the safety of its occupants
You must also show that the contractor’s work directly caused the defects. This is easier when the building is new and you immediately notice the issues. It can be much harder to prove if several months or years have passed, but it is possible, especially if you have a professional home inspector.
Communicate with the contractor
Before considering legal action, try communicating with the contractor about the issues. Give them an opportunity to rectify the problem, if possible.
It is advisable to do this as soon as possible, ideally before the final turnover of the project. This way, the contractor may still have the obligation to fix the issues.
File a claim or lawsuit to recover your damages
Unfortunately, not all contractors are willing to do more work after the project is complete. Furthermore, weeks or months may have already passed, and your contractor may argue that they are no longer liable for defects.
Nevertheless, you may still be able to file a lawsuit for defective construction. Generally, you need to meet the following criteria:
- You can prove the contractor’s work is the direct cause of the defect
- The window for legal action remains open, which is six years from the date of discovery in New York
- You have proof of financial losses or costs incurred due to the defective work
Consider hiring a construction law attorney to guide you through the process. They can help you understand your legal options and protect your best interests along the way.