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Experienced Representation in Defective Construction Cases

Even if the work on your home or property appears satisfactory, defective construction can lead to a host of costly problems. Many owners incorrectly assume that the local building department’s approval or certificate of occupancy means the home or building was constructed properly. Instead, hidden or latent construction defects can cause damage that lowers the value of your property and can even lead to health and safety hazards. If you find yourself in this situation, you are entitled to seek compensation from responsible parties to protect your investment.

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What Types of Disputes Arise From Construction Defects?

When construction is defective, structures can be damaged. This can lead to disputes and construction defect claims. Examples of issues caused by defective construction materials include:

  • Windows and doors that leak
  • Severe water damage from defective plumbing
  • Mold and moisture problems
  • Leaking, poorly constructed roofs from defective shingles
  • Cracking brick masonry
  • Rotted, separated, bowed, stained or damaged flooring
  • Defects in stucco, siding, or other issues with the exterior of a home

Who Can Be Held Liable in a Defective Construction Dispute?

Property owners have a right to hold responsible parties accountable when they suffer property damage because of construction defects. Who can be held liable will reflect the particular circumstances of a case. Potentially liable parties may include developers, general contractors, subcontractors, and product manufacturers.

What Are the Duties of Liable Parties Under South Carolina Construction Laws?

Contractors, builders, and other parties in charge during construction have a duty of care to prevent construction defects and accidents during the construction project. In addition to the current property owner, this duty of care extends to any subsequent purchaser. See, Kennedy v. Columbia Lumber & Mfg. Co., Inc., 299 S.C. 335 (1989). During a construction project, different professionals who assume supervisory roles may have a duty of care, including engineers, architects, surveyors, project managers, general contractors, and subcontractors.

How Is Construction Negligence Established?

To prevail in a construction negligence claim, you must establish four elements of the case:

  • Duty of care: The builder, contractor, or other party had a duty of care to you, the property owner.
  • Breach of duty: The party breached that duty of care – failed to meet the terms of the contract or failed to exercise reasonable care. The party’s breach is most often established through experts who may give an opinion regarding the applicable Building Code, manufacturer specifications, and the industry standard of care.
  • Causation: The negligent party’s breach of duty was the actual cause of damage, loss, or injury.
  • Damages: You suffered real damages as a result of the negligent party’s actions. Damages may include an estimate to correct the defective construction, invoices for repair work, and any storage or moving costs associated with the repair.

What Areas of a Property Are Examined in a Construction Dispute?

In a dispute arising from construction defects, your attorney may work with qualified professionals to evaluate the structure and determine whether the applicable standards of care were met. Areas to be evaluated may include:

  • Structural failures, such as cracks and weakened supports caused by defects in the foundation
  • Damaged walls, weakened flooring and supports, or flooding caused by drainage and waterproofing defects
  • Structural and ventilation issues or water leaks caused by roof and joist defects
  • Mold and damage to structure or stucco caused by water intrusion
  • Water or moisture damage around windows and doors caused by improper flashing or installation

How Can a Construction Defect Attorney Help?

If you have suffered property damage because of construction material defects, you deserve to recover compensation for your losses. Construction disputes can be complex cases. Our Charleston construction law attorney can help protect your rights and assist you in seeking the damages you are entitled to receive. We can evaluate the situation to pursue all available forms of compensation.

Allen Law was officially founded in 2015. Attorney Allen is a former insurance defense attorney with experience from “the other side.” We offer personalized attention and have a history of success for our clients. Call us today at (843) 882-5005 to schedule a free consultation with no time limit if you have a construction material defects dispute.