Tuesday, May 5, 2015

How To Deal With Construction Defect Litigation

By Lelia Hall


As construction gains more popularity globally, so does the risk of construction-related litigation. Particularly, defect litigation has gained more popularity in recent years. If involved in any type of construction, it is important to anticipate such lawsuits at any point of your career. A lawsuit can cause unnecessary confusion and panic, but with good construction defect litigation, you can get a favorable outcome.

If you are dealing with a construction defect dispute, you must anticipate the questions that the jury might ask in the course of your lawsuit. When sued for defects in a building, you should contact your lawyer immediately. Once your lawyer gathers the necessary facts, you should then talk to your insurance company. You need to serve both parties with copies of the job files in order for them to prepare themselves.

Obviously, for any legal matter, you must communicate with your lawyer. After you receive the lawsuit, you have a short time to prepare. If you fail to respond in time, the plaintiff can easily get a favorable response even if you may not be culpable. Unfortunately, your license might be cancelled or suspended until you compensate the plaintiff.

You also need to talk to your insurance company. If you have a tight budget, the insurance company can hire a lawyer for you. The lawyer can help you to get the facts that will enable you to triumph in court. Once the plaintiff takes the matter to court, a professional can help you to tackle the issues in a strategic manner. If you settle the matter out of court, you will save a considerable amount of time. This solution will help you to concentrate on your work.

It is very important to keep records during all the stages. If you need to answer some questions in court, you can refer to the file in order to provide the evidence you need. Because lawsuits are filed after the project is completed, it is hard to remember the exact details of something that happened in the past. The records will come in handy in these circumstances.

In order to defend yourself against future lawsuits, the first thing you should do is keep good records of every job. Without the proper documentation of the job, preparations for a lawsuit might prove impossible. In addition, you must retain all copies of the insurance policies you have signed. If defects occur during construction, your insurance company should compensate the aggrieved parties fully.

Most importantly, be sure to keep the contract safely as well as any site instructions that the architect issues. If the defects occurred as a result of the instructions, you might be absolved from blame. Do not forget about the insurance policies as well. The court will also require several copies of the blueprints and inspection certificates used on site.

Instead of letting the lawyer organize your job files, you should take the responsibility. Once you handle the documentation, your attorney will concentrate on interpreting the facts. The attorney needs your help in the process in order to guarantee the best outcome in court.




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