Defective Workmanship
Defective Workmanship Lawyer
Overview
Maybe you’ve recently built or bought a new home, and it’s not everything you thought it would be. Or you’ve worked with a home remodeling company to make repairs, add a room or other addition, and the results aren’t what was promised.
Defective workmanship and construction defects not only reduce the value of your property, but they can also be hazardous for you and your family. Left uncorrected, defective workmanship, material defects, and defects in design can lead to a structure that isn’t suitable for habitation as well as cause increasing damage to your property that will be expensive to repair.
Residential and commercial properties experience wear and tear as they age, leading to occasionally needed repairs and sometimes remodeling work. But when new or recently built or renovated construction shows defects such as:
- Cracks in walls and/or the foundation
- Water leaking
- Failures in roofing, siding, windows, or other “exteriors”
- Other defects that are normally from long-term wear and tear
It’s likely that the construction wasn’t completed properly and according to specifications.
Frequently, the fault lies with defective workmanship, design, or materials. When these types of problems appear in relatively new construction, both the health and safety of the occupants and the value of the property are at serious risk.
If you experience losses from defective workmanship, you have the right to recover compensation. Responsibilities for defective workmanship can be difficult to prove, but a Charleston defective workmanship lawyer can investigate your case and work to build a strong defense to the table.
If you’ve experienced defective workmanship, call our downtown Charleston, WV, law office immediately at (304) 344-5683.
DANGEROUS CONDITIONS
Defective workmanship can also make a home unsafe for you and your family.
- Construction defects that make the premises unsafe and result in preventable accidents, such as uneven floors
- Inadequate or defective workmanship can lead to leaks that can lead to a mold infestation that can cause severe respiratory and other illnesses
- Defective materials that can lead to exposure to harmful substances by occupants, such as exterior paint used indoors
- Abandonment of projects, leaving unfinished work, and potential hazards in the home.
Also, repairs will cost more to correct the defective workmanship and make the home safe for habitation. In the meantime, your home may be uninhabitable until the repairs are completed.
DEFECTIVE WORKMANSHIP AND THE BREACH OF CONTRACT
There are several reasons for this kind of claim:
- Substandard workmanship
- Water leakage as a result of an inadequate roof, plumbing, window, or foundation construction
- Water damage leading to toxic mold contamination
- Code violations
- Safety defects
- Breach of warranty and habitability claims
- Use of substandard materials or not using materials specified in the contract
- General contractor/subcontractor negligence
- Architect and/or civil engineer negligence or malpractice
You expect that any construction company and/or general contractor you hire to do building or repairs to your home would perform their work properly, giving you what you paid for. When they don’t, it’s considered a breach of contract in West Virginia. This means that a negligent construction company can be held liable for property defects and defective workmanship.
Because every case is different, the damages given in each case will vary according to the contract, contract language, circumstances, and facts of the case. Recoverable damages can include:
- Expenses related to repairs
- Differences in the value of the property
- Relocation and/or temporary housing
- Compensation for loss of use
- Legal and attorney’s fees
- Other associated costs
Before you file a lawsuit, West Virginia law requires that a homeowner reach out to the contractor to negotiate and attempt to settle the claim first, in writing. The contractor may request evidence to support your claim (such as photos.) Additionally, the contractor is required to send out notices to any subcontractors who were on the worksite to offer them the opportunity to perform remedial work in their areas.
If you’re considering suing your contractor, speak with a Charleston attorney who can help you file an action for defective workmanship.
Chad Love, defective workmanship lawyer in Charleston, WV
You expect that your home or home improvement project will be completed to your specifications and that you’ll be able to have full enjoyment of your home when it’s completed. If you later discover that the work was not adequately performed, you may decide to pursue legal action against the contractor.
Work with a Charleston lawyer who has the experience and understanding to help with construction issues and defective workmanship cases. Contact the Love Law Firm today at (304) 344-5683 for a free consultation.
Phone:
(304) 344-5683
