A construction defect can appear at any time, including several years after you completed work on a project. While discovering defects in work completed long ago can be a hassle, dealing with a spoliation claim exacerbates the issue. Spoliation of evidence is a continuous concern in construction litigation cases. Consult with a Naples contractor lawyer for advice on how to preserve relevant evidence. This article will conclude our series. Visit part one to learn more.
Factors Courts Consider for Spoliation Penalties
There are several factors that courts will consider in cases that require the preservation of evidence. If evidence is destroyed or altered in any way, the courts will weigh the following items:
- Was the evidence relevant to the court proceedings?
- Was the dispute ongoing at the time the evidence was destroyed?
- Was the plaintiff’s case impacted by the destruction of this evidence?
- Is there a legal remedy for the destruction of the evidence?
- Did the defendant act in good faith in their actions?
As you may have a legal obligation to preserve evidence in a construction defect case, reach out to a construction attorney before you take any action. A construction law firm will also offer you legal advice that can help protect you against a claim.
Protecting Yourself Against a Claim
The only way to prevent a construction defects claim is by being proactive. Managing your risks includes working with the right subcontractors, documenting everything daily, staying current with industry codes and standards, following product guidelines and warranties, and relying on a skilled Naples contractor attorney for a contract that protects you against defect risks. Furthermore, protecting yourself against a spoliation claim means preserving evidence as required and properly notifying key parties before making any sudden repairs.
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.