Olympia Law, PC Practice Area: Breach of Contract in Real Estate Construction
When a home or building owner hires the services of a contractor and/or developer, they enter an agreement on how the project will go. The agreement should cover everything that needs to be done to complete the structure within the specified time frame. Olympia Law, PC has worked with clients who have had the unfortunate experience of finding defects in the structure after it has been turned over by the contractor or developer.
If defects have been found, or it was discovered that certain construction specifications stated in the contract were not met, the home or building owner can file a lawsuit against the parties involved in the construction project. The lawsuit may include those that were named in the contract, and whose signature/s appear on it; specifically, the contractor or developer.
In such cases, the contractor or developer could be liable for breach of contract.
There are instances when the defects are minor and can be easily remedied before the structure is officially handed over to the owner. In other situations, the defects only appear after a certain period of time—long after the structure was handed over to the home or building owner.
If both parties wish to resolve the issue without going to court, they can discuss these defects whereby the owner can ask the contractor and/or developer for their plan of action. In a typical out-of-court settlement, the party at fault—usually the contractor/developer—will shoulder the costs.
On the other hand, where money is involved, the home or building owner could be forced to sue the “guilty” parties if they refuse to cover the cost.
It is cases like this that you will need to professional and legal assistance of a law firm whose practice areas include breach of contract in construction projects; law firms like Olympia Law, PC.
Who is liable for such defects?
Usually, a construction project requires the services of certain subcontractors, suppliers, and construction professionals like an architect or designer. When defects have been pointed out by the owner of the structure, and again, where money is involved, conflict may arise among all parties involved with the project when no one wants to be held accountable for the defects or issues.
And you, as the home or building owner, will be caught in the middle of this conflict. To avoid being dragged into determining who the liable parties are, your best option is to let a professional lawyer take charge of the situation. Your lawyer will be the one to contact the parties involved to inform and discuss with them your concerns.
Depending on the cooperation of everyone involved, the issues could be resolved without having to go to court. However, in the event that the parties involved are too busy pointing fingers, your lawyer might deem it proper to take the case to court.
We at Olympia Law, PC, have been providing legal services to home and building owners who have gone through the same ordeal. And we are proud to say that we’ve always managed to work out these cases in favor of our clients.