Construction tends to run in up-and-down cycles. When the economy is good and construction is booming, and contractors can’t get enough employees. During a downturn, construction also downturns, and all but the best employees are laid off.
What does it mean for your home or commercial property if a contractor employed untrained or under-trained employees for your project? It could lead to defective workmanship.
Companies may lower their hiring standards in order to ramp up construction during an upswing. More work requires more people, or contracts could be canceled. When one project is completed, a contractor simply moves onto the next job, taking the workers with them.
Hiring just anyone who claims to be a welder, carpenter, plumber, electrician, or other specialist doesn’t mean they know what they’re doing. They may be untrained or undertrained, have a poor work record, may be unable to adequately complete the work, or even have drug and/or alcohol problems. It’s a risk some companies are willing to take in order to get more contracts and more business.
When the downturn in the economy arrives, so do the layoffs and downsizing. Most companies want to retain their best people, so they begin letting go of employees they shouldn’t have hired to begin with. These employees may have substandard skills that were overlooked earlier, and lead to an unsafe worksite and other related problems.
The untrained and under-trained workers may leave behind defects in completed projects that may not be realized for months, and possibly years.
What About The Property Owner?
Whether new construction or a remodel, the property owner won’t realize at first that there is substandard or defective workmanship in the property. Over time, defects may appear that shouldn’t be there, particularly not in a newly built structure or a property remodel. Leaking windows, cracks in walls or ceilings, or even roof leaks are generally indicators of long-term wear and tear. But in a new structure, it usually means defective workmanship.
Homeowner’s insurance generally doesn’t cover defective workmanship claims, and most policies have language and clauses specifically excluding them. The insurance is intended for sudden accidents such as a fallen tree on the house, roof damage or blown-out windows after a storm. Your policy generally won’t cover anything not properly installed, or the damage resulting from it, so these types of claims are generally denied.
Filing a claim with your insurance company is also not a good idea for two reasons:
- Your carrier could raise your homeowner’s insurance rates
- They may refuse to insure the house until you complete the repairs
A better way to handle defective workmanship claims is to work with a Charleston lawyer who handles these types of claims. The lawyer can decide whether the claim is better to make against your insurer or legal action against the builder responsible for the property’s condition.
Should the assessment show that defective workmanship is responsible for the damage, the lawyer can file a lawsuit against the builder. The builder’s own insurance should be the one to pay for the damages to your property.
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 building design defects and defective workmanship cases. Contact Chad Love at The Love Law Firm today at (304) 344-5683 for a free consultation.