Lawsuits are common in the construction industry, so it’s just as important for contractors to prepare themselves for any potential litigation that could be brought against them as it is for them to arm themselves with the tools to pursue litigation if necessary. Whether you’re the plaintiff or the defendant, there are many ways to contend with a construction lawsuit, but one of the most effective countermeasures is to partner with a West Palm construction lawyer.
Today, it seems like lawsuits can materialize out of anywhere, but the majority of these suits are a result of negligence, strict liability, or a breach of contract. In this article, we will discuss these three common causes of construction lawsuits.
Although a construction project can be derailed for a variety of reasons, many of the issues that surface and lead to lawsuits are a result of negligence. Owners expect their projects to be completed to their exact specifications, but an even more crucial consideration is the safety of the building you have constructed. Negligence can result in minor inconveniences that are easy to patch up quickly, but it can also lead to critical failures that require expensive, timely renovations to fix. The grounds of a negligence lawsuit generally require a clearly documented breach of duty on the part of the contractor. One common example of negligence is when builders complete construction but accidentally leave tools on the premises. If someone in the building tripped on a tool and was injured, they could file a lawsuit.
Cases involving strict liability are less common than those involving negligence, but when they do occur, they tend to be clear-cut. For instance, a contractor can’t finish construction on a building that fails to support the contents being moved inside of the building. Although the building is technically structurally sound, if it can’t maintain its structural integrity when a reasonable amount of property is moved in, the construction company is liable for paying the damages.
Breach of Contract
At the epicenter of every building project, there is a contract between the owner and the contractor. This contract specifies the design plans, timeline, and costs associated with the project in question. Generally, if either party breaches the contract, the other party can take legal action against them for breach of contract. As a contractor, you must ensure that your finished product doesn’t have any defects or require any repairs. If there are, and you refuse to fix them, you could find yourself reaching out to a West Palm construction attorney to defend you in a court of law.
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.