Construction litigation is a serious matter. For the property owner, the claim means that there is something seriously wrong with the structure that needs to be corrected. For the contractor, it means a client is calling the quality of their work into question. Both sides have to prove their side of the case effectively or they risk losing the case.
There are several problems that can creep up with construction litigation. The property owner might find that there are defects with the construction. Those defects might not be the fault of the contractor; however, some property owners might assert that the contractor should have noticed the defect during the course of working on the home. That might not necessarily be true if the defect was hidden within the material. Still, it is important for both sides to get an answer as to who is liable for the issue.
When you consider that case from the property owner’s side, you can see why the property owner would be unwilling to accept material defects and pay to have them corrected. On the other side of the coin, you can probably understand why the contractor might not be willing to cover the cost of replacing the material defect. In that case, it would be up to the court to decide which side should cover the cost.
If you have a construction litigation claim, it is vital that you have a good understanding of the laws governing the claim. Once you understand those laws, you can decide how you want to move forward with your case.