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4 types of construction defect disputes

| Jan 19, 2021 | Construction Litigation |

People in the development business want to sell, buy or build homes. They do not want to get into arguments.

Nevertheless, disputes do arise. Here are five of the most common types.

1. Negligence

Negligence claims are among the most recognizable types of foundations for lawsuits. As explained by FindLaw, construction defect cases typically hinge on this.

The claimant would try to prove that the builder did not know how to construct a safe structure or did not care enough to do so. To collect, they would then have to show that the negligence resulted in a material loss.

2. Negligent misrepresentation

Negligent misrepresentation is similar to negligence. In fact, it is when the builder or developer makes an assertion that they had no reason to believe was true. There is a fine line between this and the next item on our list: fraud.

3. Fraud

You could look at fraud as a more intentional type of lie than negligent misrepresentation. It typically involves false advertising. Unfortunately, the dubious contractors who make false claims are careful to do so only when large losses are unlikely, making lawsuits unattractive for many claimants.

4. Contract violation

Our final category of equivocation is breach of contract. These types of claims require proof that the builder or developer did not fulfill the terms of your agreement.

Rather than recovering damages directly, most of these cases resolve by the claimant receiving what is effectively a discount on the price of the property. The buyer would probably still have to pay the contract price, less the amount by which the error or violation reduced the value of the home.

Construction disputes vary significantly in type, but also in terms of procedure. You would probably want to research your position fully before you begin any action.