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What Is the Construction Defect Attorney Process - morgan and morgan
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What Is the Construction Defect Attorney Process?

What Is the Construction Defect Attorney Process?

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What Is the Construction Defect Attorney Process?

When a construction defect occurs, many thousands of dollars of property damage may result. Additionally, anyone involved in a related accident might suffer severe injuries. 

In some construction defect cases, injuries are fatal. Because of this, construction defects are a very dangerous possibility for everyone involved. 

If you or someone you know has grounds for a lawsuit, make sure you understand the construction defect attorney process. Hiring a skilled legal professional will ensure that you have the best chance of receiving the compensation that you deserve. 

An experienced lawyer will walk you through every step of the construction defect attorney process. The team at Morgan & Morgan has decades of experience representing contractors, subcontractors, owners, suppliers, and more. 

Construction defect cases may apply in both public and private contexts. Any project that involves construction warranties and liability may result in a construction defect claim. 

You should never be held accountable for damages or injuries that you did not cause. When you need the best representation available, do not hesitate to reach out to the accomplished construction defect attorneys at Morgan & Morgan. 

To schedule a free legal evaluation, fill out the contact form on the Morgan & Morgan website immediately.

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  • Understanding Construction Defect Claims and Warranties

    A construction defect lawsuit is usually a response to accusations of breached warranties. In many instances, these claims are the result of failures to meet the requirements of an implied warranty. 
    The breached warranty may apply to any product or service related to a construction project.

    Under most instances of state law, there are two general types of warranties: express warranties and implied warranties.

    Express Warranties

    This type of warranty serves as a guarantee of the quality, performance, and use of a specific item. This type of promise is called “express” because it is formalized in writing. 

    Typically, express warranties are included in the contract that details the sale of the merchandise.

    Implied Warranties

    This type of guarantee is more informal. Implied warranties are usually unwritten and unspoken. 

    Still, an implied warranty means that a manufacturer or retailer stands behind the product being sold. 

    In many cases, construction defect claims happen when an implied warranty is breached. Evidence of this could be a lack of “merchantability” or usefulness for a purpose.  

    An implied warranty of “merchantability” is an unspoken guarantee by the seller or manufacturer. This is a promise that the product will perform how it is expected to. 

    The implied warranty of usefulness for a purpose is a promise that the product will fulfill a specific function. A breach of either type of implied warranty may form the basis of a construction defect lawsuit. 

    If you believe that products used in a construction project were faulty, reach out to a knowledgeable specialist. The legal experts at Morgan & Morgan will guide you through the entire construction defect attorney process.

  • What Qualifies as a Construction Defect?

    There are two typical kinds of construction defects. The first kind is a defect that occurs during the design phase of a construction project. The second type is a defect that results from the building or application phase of a project. 

    Typically, engineers and architects are responsible for defects inherent in a design. On the other hand, defects that occur during the building phase are often the responsibility of: 

    • Builders
    • Contractors
    • Subcontractors
    • And more 

    For instance, suppose that a builder fails to enact the design specifications accurately. If this mistake causes property damage or an injury, the builder may be held responsible for the associated costs. 

    Construction defects can cause a wide range of hazards and issues. Some of the most common examples include: 

    • Additional financial costs for repairs and replacement of materials
    • Accidents resulting in injuries to builders and workers
    • Accidents resulting in injuries to future occupants of a building
    • Injuries to those passing by the construction site
    • And more 

    If you or someone you know has been injured because of a construction defect, you may be owed significant compensation. It is critical to hold negligent designers and builders accountable for the harm that they cause.

  • Important Concepts in the Construction Defect Attorney Process

    There are many vital issues and concepts that arise in a construction-related claim. Some of the most important are:


    Most of these legal claims rely on specific contracts. Most construction projects require many different contractual agreements. 

    For instance, a building owner may enter into an agreement with an architect. This happens when there are plans for renovation.  

    An architect may sign a contract with an engineering firm to review their design. A building owner may hire a contractor to put the architectural designs into place. 

    General contractors often rely on many subcontractors to carry out specific work. Each of these types of contracts entails responsibilities for the signing parties.  

    The language of a contract typically entails who is accountable for specific defects. That is why it is critical to have a skilled legal professional review construction contracts before signing them.  

    It is especially important to review any liability clauses in a construction agreement. If a construction defect arises, this will help you understand if you have a viable legal claim. 

    Typically, these agreements will require the contracted party to bear responsibility for defects. For instance, a contractor’s agreement with subcontractors will require them to bear responsibility for defects in their work.


    Passing liability through a construction contract is usually achieved with the use of “indemnification” provisions. When a subcontractor indemnifies the general contractor for liability, the contractor is protected. 

    If the general contractor later faces a lawsuit for construction defects, the subcontractor must pay the judgment. Because of this, subcontractors usually have insurance policies for construction defects. 

  • Construction Defects That Result in Injuries

    Many construction defect cases involve personal injuries. When someone is hurt by a construction defect, they have the right to file a lawsuit. 

    If the injured person is successful, they will be awarded financial compensation. To win a personal injury claim, the plaintiff needs to prove the following elements: 

    • The quality of construction work that should have been provided
    • The inadequate standard of work that was actually provided
    • The substandard quality of work is evidence of negligence
    • The substandard quality of work resulted in the victim’s injuries 

    It can be difficult to prove that a construction defect caused an accident or injury. For this reason, you should speak to a knowledgeable construction defect tort attorney. 

    Oftentimes, this type of lawsuit requires the plaintiff’s attorney to speak with experts and specialists. An expert witness with experience in construction work can bolster the plaintiff’s case. 

    When you need help navigating the construction defect attorney process, speak with the professionals at Morgan & Morgan.

  • Common Damages in Construction Defect Injury Cases

    The term for legal payments in a tort injury case is “damages.” The possible damages in a construction defect injury case are the same as in other types of accident cases. 

    The victim has the legal right to pursue compensation for any costs and losses that resulted from the accident. Some of these damages are “economic” and some are “non-economic.”

    Economic Damages

    Economic damages are intended to compensate injury victims for their direct financial losses. Some of the most common examples of economic damages in these cases are: 

    • Current and past medical costs and losses
    • Expected future medical care bills
    • Lost wages and income from missed days at work
    • Property damage resulting from the construction defect
    • And more 

    But some damages in construction defect cases do not result in monetary losses. 

    Non-Economic Damages

    When an accident victim has been injured, they usually experience personal and emotional harm. Non-economic damages are meant to compensate the claimant for these negative outcomes. 

    The most common examples of non-economic damages in personal injury claims are: 

    • Physical pain and suffering
    • Mental distress-including anxiety, panic, and depression
    • Disfigurement and disability
    • Embarrassment
    • Loss of enjoyment of life
    • Post-traumatic stress disorder (PTSD)
    • And more 

    In some instances, a construction defect may cause a fatal injury. If this happens, the victim’s family may have the ability to file a wrongful death claim. 

    This type of claim allows the decedent’s survivors to recover the compensation that the victim would be owed. Those pursuing a wrongful death claim may be able to recover compensation for funeral and burial expenses. 

    No matter what the circumstances of your construction defect claim, it is critical to consult with an attorney. The knowledgeable team at Morgan & Morgan has plenty of experience representing personal injury victims in construction defect cases. 

  • Should I Hire an Injury Attorney Who Requires Upfront Payments?

    You should never hire a lawyer or firm that demands money before agreeing to represent you. Most reputable personal injury law firms institute a contingency fee payment approach. 

    Contingency fees involve the client and attorney agreeing to a specific percentage of the recovery from the case. Once the lawyer successfully settles or wins the case, the specific portion of recovery is used to cover attorneys’ fees. 

    The compassionate professionals at Morgan & Morgan know that construction defect victims usually face mounting financial challenges. That is why you will not pay us a single penny unless we get the money that you deserve.

  • What Other Types of Negligence Could Lead to a Construction Defect Lawsuit?

    Every construction defect lawsuit is unique. Many different types of negligence can result in valid legal claims. Some other examples of construction malpractice include: 

    • Failure to comply with building regulations
    • Failure to comply with permitting and zoning laws
    • Overbilling
    • Failure to address safety issues adequately
    • Financial losses due to construction delays
    • Misrepresentation of relevant facts
    • And more 

    No matter what type of construction negligence caused you harm, the team at Morgan & Morgan can help.

  • Morgan & Morgan Provides Premier Legal Services

    When you need the best legal representation in your case, contact America’s largest injury law firm. Morgan & Morgan boasts more than 800 trial-ready attorneys across the United States. 

    Since our founding in 1988, the lawyers at Morgan & Morgan have won and successfully settled more than a million cases. Do not settle for less than the best construction defect attorneys. 

    Schedule your free no-obligation consultation with our knowledgeable attorneys today by completing the contact form on the Morgan & Morgan website.

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Last updated on Jun 01, 2023

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