Many people take it for granted that everything with the building they purchase or construct is going to work perfectly. Unfortunately, this isn't always the reality. Anyone with experience in construction knows that there are numerous challenges that can derail projects and many people have faced unfortunate circumstances where something goes wrong with the foundation or support structures in their building.
While many of these issues are minor inconveniences, some construction issues can lead to structural damages that can place people's health or safety at risk. Other issues can compromise the function of the structure as it was intended to be utilized. What are some of the most common reasons for a lawsuit in the construction industry?
This is one of the most common reasons for a lawsuit throughout a wide variety of industries and the construction field is no different. Someone may have grounds for a negligence lawsuit if there was a breach of duty on the part of the construction company that led to damages or personal injury. For example, a construction company may complete the construction of a building as specified by the contract; however, the construction company may have left some of their tools on the property. One of the residents of the new building steps or trips over a piece of construction equipment and winds up with a serious injury. This could constitute grounds for a lawsuit against the construction company for neglecting to remove their equipment from the property.
While this might not be as common as negligence, this is often a clear-cut scenario. For example, a construction company may finish putting up a building but the columns of the building aren't strong enough to support the additional stories once all of the property is moved in. The columns collapse under the additional weight and someone gets injured or killed in the collapse. While this doesn't constitute negligence, it is grounds for a lawsuit on the grounds of strict liability. The construction company is liable for ensuring that the construction of their building is able to hold up against the weight of a reasonable amount of property on each floor. If the floor collapses and someone is injured, the construction company is liable.
A Breach of Contract
Prior to the construction of a building, both parties must agree to a contract. This contract will specify how the building is constructed, how long the process should take, and the cost associated with the contract. Once the building is finished, both parties examine the property to ensure it meets the contract. If there is a defect in the building, the construction company will need to fix the structure. If they refuse to do so, the other party may be eligible to bring a breach of contract lawsuit against the construction company.
Anyone who is having trouble navigating the challenges associated with a construction project should consider contacting an experienced attorney for assistance. Meeting with an attorney does not obligate you to choose any particular course of action, but it will allow you to make an informed decision about how best to proceed.