Litigating a defective or faulty workmanship case puts the burden of proof on you as the plaintiff. Your job is to prove that the builder, subcontractor, or other contributing company was negligent during the process of building or remodeling your home or other structure.
The question is, what will be considered “defective” or “faulty” workmanship that will prove your case? Unfortunately, every case is different, and your attorney can help you negotiate with your contractor as well as the laws that govern construction.
“Defective” or “faulty” workmanship is usually defined as a material or design defects, or poor workmanship that can render a structure unsafe or unsuitable for the purpose for which it was intended. These defects will eventually increase damage to a property, usually permanently. Additionally, these problems can also lead to unsafe conditions for the inhabitants, including the risk of illness and/or injury.
Defective workmanship is different from the usual wear and tear that a structure experiences over a long period, such as windows that develop small drafts over time. Eventually, the drafts become larger, requiring more energy for heating and cooling. Left undetected, this can also lead to water leaking into the home. New windows that are drafty or leak water are a different matter.
At first glance, the blame may be given to the general contractor who built the structure. That’s not always the case.
Because so much of the specialty work is done by subcontractors, the fault may lie with the particular party that performed the substandard work. Subcontractors can include:
For instance, window leaks may be due to a defective product or the result of improper installation. Generally, those claims that come from the allegation that damages were caused by improperly followed installation instructions. This will mean that the contractor, subcontractor, or installer who failed to properly install the product will bear the responsibility of faulty or defective workmanship.
Even if the window was installed correctly but still leaks, the product manufacturers, distributors, and suppliers can also share fault for defects in the product (the window) itself, along with the contractor or the subs.
Your first thought may be to file a claim against your homeowner’s insurance, especially if the damage is substantial. However, these policies have exclusions for these types of defects.
Homeowner’s insurance generally covers sudden, catastrophic incidents, such as damage from a hurricane or tornado. Making a claim against your policy, even if it’s denied, could lead to increases in your premiums, as well as a refusal by the carrier to ensure your home until repairs are completed.
Contractors carry commercial general liability (CGL) insurance that may or may not cover defective workmanship, depending on their individual policy.
Defective Workmanship Lawyer In Charleston, WV
When a general contractor, subcontractor, or remodeling company fails to do the job you hired them for, the results can be a home or other property that can be dangerous and uninhabitable. Don’t settle for substandard work. You need compensation to make the necessary repairs to make your home livable.
Work with a Charleston lawyer who has the experience and understanding to help with construction issues and defective workmanship cases. Contact Chad Love at The Love Law Firm today at (304) 344-5683 for a free consultation.