Defect Claim

How to Defend Yourself from a Construction Defect Claim

Dealing with defect claims is an unfortunate part of the construction industry. While they can be scary for any contractor or company owner, they are a part of doing business, to a certain degree. Clients aren’t always going to be satisfied with your work. However, the need to protect yourself is paramount. Defect claims can greatly damage your reputation and your bottom line.

There are a number of actions that you can take after and even before a defect claim is filed to protect your interest. In this article, we will examine what contractor and construction companies can do to defend themselves if a construction defect claim is filed against them.

What to Do If a Construction Defect Claim is Filed Against You

There are two calls that you need to make immediately. You need to call a Jacksonville construction lawyer and you need to call your insurance company.

Contacting Your Lawyer: When you receive notice of a defect claim, you need to contact a construction attorney as soon as possible. They will need as much time as possible to assess your situation and build a case. If you file a claim with your insurance company and it is denied, a Jacksonville contractor lawyer can help there as well. They can force the insurance company to defend their decision.

Contacting Your Insurance Company: When a defect claim is brought against your company, you need to contact your insurance company and consider filing a claim. In some cases, the insurance company will cover your legal defense. Prior to starting project, it’s a good practice to review your policy to see under what circumstances you are covered and what your coverage includes.

Keeping an Organized Job File: The most critical part of defending yourself from a defect claim is proper documentation. These claims are typically filed years after a project has been completed so these documents may be the only source of information about what happened on a job site. Provide your attorney with the following information:

  • Contracts
  • Blueprints
  • Inspection reports
  • Change orders
  • Daily logs
  • Request for information
  • Meeting minutes

To request a consultation with one of our experienced Jacksonville construction lawyers, please call us today at 904.425.5030 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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