When building or renovating a home, you usually have several parties involved: you as the homeowner, the architect or engineer designing your home and contractors hired to build your home. Each party has different interests and obligations. However, sometimes disagreements and misunderstandings between parties can lead to legal action. If your project has hit a snag or you believe another party mishandled their responsibilities, you may need to file a construction lawsuit. There are many types of construction lawsuits that can arise during construction, including breach of contract, breach of warranty, negligence, misrepresentation and more. Let’s take a look at some of these common disputes and how they would play out in court if they came to a head during the construction process.
Breach of Contract
A breach of contract lawsuit can be brought against a contractor or architect if they fail to meet certain contractual obligations. There are many different types of contracts that apply to construction projects, including general conditions, general and special conditions, contractual warranties and change orders. If an architect or contractor fails to meet any of these contractual obligations, they can be held liable for any damages suffered by their clients.For example, if an architect fails to meet the standard of care and professionalism expected in the industry, they may be liable for breach of contract. This is a very common type of construction lawsuit. A contractor may also be liable for breach of contract if they fail to complete their project on time. These types of construction lawsuits can lead to fines, penalties and court costs.
Breach of Warranty
A breach of warranty lawsuit is when a contractor fails to meet the promised level of quality or performance on their work. For example, if a contractor promises to build your home to code but fails to do so, they may be liable for breach of warranty. A homebuyer who contracts for a home with faulty or sub-standard materials or construction may have grounds to file a breach of warranty lawsuit against the contractor. This lawsuit may also be brought against an architect if they fail to make certain materials or systems conform to code.A breach of warranty lawsuit is particularly relevant in the real estate industry. Contractors and homebuilders have to meet strict codes and standards to ensure the safety of their clients. If a homebuilder fails to meet those standards, they may be liable for breach of warranty.
Negligence
A negligence lawsuit can be brought against an architect if they fail to follow industry standards and put their clients at risk of harm. For example, if an architect is hired to design a school building and fails to follow code and safety regulations, they may be liable for negligence.A contractor may also be liable for negligence if they fail to properly safeguard and protect themselves and their employees. For example, if a contractor fails to make certain staff are properly trained and follow safety protocols, they may be liable for negligence. This can happen when contractors fail to follow their own safety procedures or when they fail to properly oversee their subcontractors.A negligence lawsuit is serious, and the consequences can be severe. Contractors, architects and other parties involved in construction often face legal action as a result of negligence. Negligence lawsuits can lead to fines, penalties and court costs.
Misrepresentation
A misrepresentation lawsuit can be brought against a contractor if they fail to disclose all relevant information about the construction project and their capabilities. For example, if a contractor fails to disclose that they do not have the necessary licensing or certification to complete a project, they may be liable for misrepresentation.A misrepresentation lawsuit can also be brought against an architect if they fail to disclose all relevant information about their background and experience. For example, if an architect fails to disclose that they have a poor record of completing projects on time and on budget, they may be liable for misrepresentation.This is a particularly common type of construction lawsuit in the real estate industry. If a homebuyer discovers that a contractor misrepresented their qualifications, abilities or services, they may have grounds to file a misrepresentation lawsuit. Contractors and real estate agents also have a responsibility to make certain all parties involved in the transaction have access to all relevant information.
Conclusion
Construction disputes are common in the real estate and homebuilding industries. If you’re in a dispute with another party, it is important to seek legal counsel and file a construction lawsuit if necessary. The consequences of these legal actions can be severe. It is important to have a knowledgeable attorney on your side to protect your interests.