Construction defects present monumental problems for everyone involved. They require time-consuming repairs, interruption in use or occupation of the building, and safety hazards that can cause someone to suffer an injury. All three consequences add up to big dollars for the property owner.
When defective construction costs you time and money, you have the right to pursue compensation for your losses. This compensation will come from one of many sources, depending upon the nature of the defect.
A Nashville defective construction lawyer from The Cochran Firm – Nashville can tap into their knowledge of negligence, construction, and warranty law to build a claim or case to recover your damages. Call us today for a free consultation: 615-678-6278.
Examples of Defective Construction
Construction defects can happen at any stage of a building project: design, engineering approval, or actual construction. When the finished project fails to work as the property owner or buyer would reasonably expect it to function because it has been designed or built inappropriately, the outcome is considered a construction defect.
Common, costly areas for defective construction include:
Thermal and moisture protection
Windows and doors
Building code violations
When you detect a problem in one of these or some other aspect of your building project, you have the right to seek compensation for the costs you have incurred and will incur because of the defect.
For a free legal consultation with a defective construction lawyer serving Nashville, call 615-678-6278
Establishing Liability for Construction Defects
The answers to who can be held liable for your property’s constructive defect may lie in a trail of contracts that were drawn up during the course of your construction project. By matching the type of construction defect with the right contract, your lawyer will know where to start in their investigation of your case.
Any construction defect falls into one of two categories, which then links to one or several responsible parties.
Design-Related Construction Defects
Generally, defects that manifest during the design of the building or home connect to the architect or engineer who designed or approved the project. For example, an architect can be held liable for an explosion that traces back to the architect’s failure to indicate on their building plans where underground gas lines exist. If a structure collapses, and the builders constructed it based on an engineer’s specifications, the engineer can be held liable.
Because the architect typically evaluates the progress of a construction project, they may even be held liable for defects in materials that were properly designed but improperly executed. However, many architect/owner contracts contain language that limits the architect’s liability in these situations.
Building-Phase-Related Construction Defects
Defects that manifest while the building is being constructed typically fall under the responsibility of a contractor or subcontractor who failed to adhere to design specifications during the building phase of the project.
For example, the use of inferior building materials—from drywall to roofing shingles—can generate problems for a property owner. If a subcontractor uses sub-standard wood when building a roof, and the structure collapses, either the subcontractor or the contractor can be held liable for damages.
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How Indemnification Affects Defective Construction Cases
Generally, if the general contractor pays for any given defective construction losses, the subcontractor will reimburse the expense, based on existing indemnification provisions.
Indemnity clauses in construction contracts between two or more parties hold one party harmless for losses and enable another party in the contract to bear the costs of damages. Construction contracts between contractors and subcontractors commonly contain such a clause.
In the AIA Document A201, “Standard Form of Agreement Between Contractor and Subcontractor,” the contractor assumes responsibility for protecting subcontractors against losses, claims, expenses, and damages. In return, the subcontractor compensates the contractor for any costs associated with the subcontractor’s failure to meet their obligations.
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How a Nashville Defective Construction Lawyer Can Help You
It is important that property owners know their rights regarding receiving compensation for damages resulting from construction defects. A Nashville defective construction lawyer from The Cochran Firm – Nashville can help you understand the laws pertaining to your case, as well as the time limits you will need to adhere to, and all the procedures and requirements that must be met when filing a defective construction claim.
We will review with you the possible legal courses you can take in resolving your construction matter, including:
Breach of contract
Strict liability lawsuit
Our legal team has developed relationships with engineers, architects, inspection professionals, and contractors with whom we can consult to explore the finer points of your case. Call us today for a free consultation: 615-678-6278.
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Statute of Limitations on Construction Defect Claims
Every state imposes time constraints on when legal action must be taken in various legal matters. Generally, Tennessee subjects construction defect cases to a statute of repose of four years. This means that your construction defect claim will be barred if it is not brought within four years of substantial project completion (unless the defect had been fraudulently concealed).
Where the parties’ contract requires a claim to be made or filed sooner than required by the statute of limitation or statute of repose set by the state, a claim may be barred if not made or filed by that time. (You should not make any conclusions about the deadline for filing or making your claim based on information on this website until you have obtained the opinion of an experienced construction lawyer or law firm). A Nashville defective construction lawyer will know how to handle these important deadlines, so that you do not risk your right to compensation.
Call The Cochran Firm – Nashville for Help With Your Construction Defect
Too often, defective construction becomes apparent only after it has created another problem. In most cases, these defects generate costly repairs and delays—in the worst cases, such defects can cause a personal injury that puts the property owner front and center as the defendant in a costly lawsuit.
You should not have to shoulder the costs associated with construction defects. Call The Cochran Firm – Nashville for a free case review and consultation on how we can help you resolve your case: 615-678-6278.