After your home or home, renovations are completed, you look forward to enjoying your new living space. For some homeowners, their anticipated upgrade becomes an obstacle and may render the structure unlivable.
Pursuing a claim against a general contractor, builder or subcontractor can be more complicated than you might realize. You have many factors to consider when planning legal action.
One of the biggest questions is whether the problems you’re experiencing are the result of negligence or faulty workmanship. Depending on the circumstances, one or both may be a part of a lawsuit for damages.
“Negligence” is simply an individual or entity that acts carelessly, either by their actions or lack of actions. It’s the failure to exercise reasonable care and accounting for potential harm they could foreseeably cause to other individuals or property.
When someone acts carelessly and causes injury, that person can be held liable for the injury. An individual who suffers a loss through another’s negligence may be able to sue for damages suffered as a result. This can include physical injuries, economic loss, and property damage, among other things.
A plaintiff will have to prove four things in order to show that the defendant was, in fact, negligent:
- The defendant owed the plaintiff a duty of care under the circumstances
- The defendant breached his or her duty by acting or failing to act in a particular fashion
- The actions or inactions of the defendant caused the plaintiff’s injury and/or losses
- As a result of the defendant’s actions, the plaintiff was injured and/or harm
In simpler terms, negligence can also mean that someone should have known better but didn’t follow through. If a contractor or subcontractor knew what work was needed and failed to complete it causing an injury (physical or otherwise), negligence may be the main point of the lawsuit.
This is slightly different than negligence because at least part of the work was done incorrectly.
The faulty workmanship can include:
- Defects in design
- Incorrect instructions
- Failure to provide warnings
- Use of materials that are different than the ones specified in the contract or plans
- Something that is incorrectly installed, built, repaired, or maintained (such as a heater or air conditioner that isn’t serviced correctly)
Anything that fails to meet warranties or representations, or falls below generally recognized standards of quality can constitute “faulty workmanship.” In some cases, this workmanship could lead to property damage and render the structure uninhabitable.
The results of faulty workmanship can include things like:
- Leaking roofs
- Cracks in walls, foundations, other hard surfaces such as sidewalks, patios, steps, etc.
- Plumbing issues
- Mold development
- Electrical wiring damage
- Injuries to occupants (including fatal injuries)
The faulty workmanship can be from a contractor or a subcontractor, such as a plumber, electrician, or installer, who is awarded a portion of a contract to complete. Manufacturers of building materials and supplies may also be responsible for faulty workmanship if the products used by the contractors and subcontractors are not suitable for the project.
If you are considering a lawsuit for faulty workmanship or other home-related damages, speak with a defective workmanship attorney immediately to discuss your legal options.
Defective Workmanship Lawyer In Charleston, WV
If a company has done substandard work on your home, business, or other property, it’s up to you to get the compensation you need to get the work done correctly.
Work with a Charleston, WV 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.