Construction defect litigation

When developers and landowners contract for a construction project in Ohio, they expect all construction to be performed according to the blueprint and specifics of the contract. However, this does not always occur when a contractor thinks that they can take a shortcut or install inferior products during the construction phase. Once a building is completed, it can be a difficult process to analyze all elements of the structure. This does not mean that identification and repair cannot be accomplished, but it may take some work to discover the problems unless they become apparent before the building is in use. And when a structure is not built according to the contractual agreement, it is often necessary to pursue reparation or financial compensation through litigation.

Identifying the problem

Just as in any other litigation case, the plaintiff must demonstrate what is wrong with the structure. The defect is typically either one of design or workmanship, or both, and must be laid out in some form of real estate litigation procedure. Mediation is the first choice for most because it allows informal discussion that can result in a legal remedy of repair or financial compensation. However, arbitration or even a lawsuit could be the only legal remedy in some cases depending on the disposition of the parties.

Identifying the actual liable party

In most cases, the liable party will either be an architect, the contractor, or consultants and subcontractors who do not apply professional workmanship in their component of the project. Design flaws generally fall on the architect when there are discrepancies between the original construction contract and blueprint plan. This is where having the right real estate litigation attorney is imperative.

Never accept the idea that a construction defect cannot be repaired or financially compensated. Always consult with a real estate litigation attorney for legal advice before allowing the defect to continue unaddressed legally.