Identify and liquidate a realistic damage clause together with your lawyer and other parties involved in the project before construction starts. Construction projects usually involve risks and damages that are likely to be encountered during the process. Carrying out this will enable you save a lot of time and money in case of construction defect litigation.
As a builder the best way of avoiding lawsuits is by ensuring that work is done properly the first time according to the set standards. Proper communication between you and the client will help in ensuring work is done accordingly. The builder and the businessman should come to a common agreement before the project starts and where challenges are met the owner should be informed about them and the possible outcomes.
During the trial documents and testimonies that were taken to court earlier will be organized and studied carefully. Your attorney should be very systematic during this phase as it will highly determine whether the case will successful or not. He or she should be patient, knowledgeable about the relevant laws, tolerant and focused for a good outcome.
Employ an attorney who specializes in Construction Law. This is very crucial as the lawyer will be well informed about construction litigation and will always be updated about the different laws that are introduced or amended. He or she will also understand different problems people face in the industry and possible solutions to these problems.
When seeking the services of a builder or contractor read the terms and conditions that are stated in the warranty. Warrants differ therefore it is important to go through it slowly and carefully without skipping any part. Do not employ the services of a builder who does not address construction defects in much detail or ask you to give up your right to sue in case you are not satisfied with their work. Some of these builders will make you pay for the costs incurred for taking them to courts therefore a lot of care should be taken.
Since a lawsuit can be filed against your company within a period of ten years, it is advisable that you keep all the records safely. Take photos and where necessary record all the work when it is being done, this will be used as evidence in the court of law. Ensure your employees work according to set code and they should be properly trained to avoid disputes.
These kinds of lawsuits cost differently because of different factors which include number of parties involved, nature of damages among others. They tend to be very costly hence the need for cooperation by all the parties involved. The money used to carry out repairs by the client to avoid further damage is usually recovered in the lawsuit.
The type of material that will be used when building should be written down. Where the client is working on a low budget and he wants you to use low quality material, the customer should sign a document showing that they authorized the use of such material. This will help you in case construction defect litigation is filed against you.
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