By Marc Empey
The number of possible legal theories that a construction defect case can be based on is many. These can include breach of a contract with the builder, negligence or professional negligence by the builder, architect or engineer, strict liability breach of express written warranties, or warranties implied in law, failure to disclose, or concealment, and others.
Approaches of Liability
Several approaches of liability might lie within a single case, and each might have differing statutes of limitations periods, which may require an owner to bring such within a particular time period after the right to sue accrues under that theory of or grounds for liability.
Depending upon the legal theory or grounds for the claim, the contract status between the owner and contraction, the construction age of the building, and what you are suing for the time limits to bring suit can differ. The limitation period is often unclear so don’t delay in filing suit.
In every state there is extensive legal code dedicated to construction law. The laws are dense and can intimidate even an experienced construction attorney. Construction law isn’t a required topic in law school. You need a legal team that specializes in construction code. Our Palm Springs real estate law firm has that specialization.
Legal Advice for Construction Projects
Our lawyers can negotiate deals and create contracts that bring your visions to reality. A solid contract is a large part of managing legal risk. With costly construction projects, legal advice needs to be there from the beginning of the project. Only a real estate lawyer can help you avoid the pitfalls of legal construction code.
What Happens When Disputes Occur
When a dispute occurs, you need it to be resolved efficiently and quickly. Our attorneys know the difference between minor problems and problems that can plague the entire project for months to come. Common areas of dispute include non-payment, non- performance, mechanic’s liens, property damage, and change orders. Our lawyers assess the situation and file suit, if at all possible.
Sometimes it is clear that a party cannot fulfill their contract on time. When breach of contract is unavoidable, we don’t have to wait for the breach before we take action. By acting early and diagnosing the problem, our team can use legal avenues to make certain you are compensated and the project is completed.
Litigation in construction law is a serious and complicated business, and needs to be handled by specialized professionals. You can’t try a case twice. Let our Palm Springs real estate law firm get it right the first time.