Construction Defect Lawsuits
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Construction Defect Lawsuits
Few things can destroy the dreams of a happy homeowner like the discovery of a critical construction defect that threatens the safety of the occupants or the structure. There are many issues that can cause defects in the construction process, but proper oversight and management can eliminate a great deal of these factors. Unfortunately, unscrupulous or irresponsible builders can turn even the best construction plans into a danger zone.
Definitions of the phrase "construction defect" vary depending on who is providing their input. However, over the years trial courts have typically grouped construction defect cases into four general categories to include: design deficiencies, material deficiencies, construction deficiencies, and subsurface/geotechnical problems.
Construction defects may be purely cosmetic in nature or could be deadly oversights that jeopardize the lives of everyone who enters a building. Defects may be immediately apparent or develop over many years. There are a wide range of possibilities and legal issues that arise from their presence, but they are all bonded together by their capability to create extensive frustration and repair expenses for property owners.
Black mold is a type of fungi that can grow on cloth, carpets, leather, wood, sheet rock, and insulation. Molds can grow at high levels indoors when the appropriate environmental conditions exist, and can come in a variety of colors that are equally hazardous. Molds often live in dark, moist areas, and can grow for years before they become a serious health hazard. Unfortunately, constant exposure to black mold can be potentially fatal.
The health risks of black mold are staggering. In 1999, the Mayo Clinic estimated that nearly all chronic sinus infections affecting 37 million Americans are a result of molds. Black mold has also been linked to allergies, headaches, dizziness, decreased attention span and difficulty in concentration, and even invasive diseases that could cause death.
It has been estimated that fifteen percent of new homes have serious construction problems. These problems may include deep cracks in the basement or foundation, leaning walls or sagging floors, windows and doors that fail to meet safety standards, cracks in interior walls, water damage, drain and sewer backups, flooding, excessive cooling or heating bills, and improper wiring or dead outlets.
Some property damage may be cosmetic in nature, but other forms of damage can be extremely hazardous or fatal. The well-being of entire families is put at risk when severe damage occurs to a property. Additionally, repair expenses add up to astronomic amounts that are in some cases comparable to the cost of the home itself.
It has been estimated that fifteen percent of newly-built homes have problems that span a number of different categories. The process of building a house requires many different contractors with various levels of expertise, and it is not uncommon for mistakes to be made and a house to be completed improperly.
Some problems with improperly built houses are obvious and spotted immediately. However, others appear over time. Black mold is an example of a problem that appears gradually but can cause long-term health problems. Other signs of an improperly built house include issues related to the foundation, walls, ceiling, roof, floors, plumbing, and other part of the property.
The foundation of a building is responsible for transferring loads from the building to the underlying ground. When the foundation is constructed poorly, the stability and integrity of the building above is compromised. This can lead to structural problems and more serious hazards.
Faulty foundations can result from a number of circumstances, but should not by any means be considered permissible. The builders of a structure must evaluate and plan the building process to minimize the likelihood of a faulty foundation being created. Without this careful attention the lives and well-being of all who enter the building are compromised.
If your life has been affected by a construction defect problem, it is important for you to understand your legal rights. An experienced and understanding attorney can help you navigate the system and determine the appropriate course of action to take for your case. A lawyer will help you fight for justice and obtain the compensation you deserve.
Update: 7-6-06
