Who Is Liable for Construction Defects in California?
June 21, 2018Posted on: June 21, 2018
Construction defect cases are based on the contracts between a homeowner and developer and the contracts between the contractor and subcontractor. Whoever is responsible for the defect has the duty to remedy the situation. Thankfully, there are a few different ways to establish liability in a construction defect case.
What Are the Different Ways That Liability is Determined for Construction Defects?
- Negligence: The law places the duty upon the developer or general contractor to exercise a reasonable degree of care, skill and general knowledge that is usually employed by such building professionals and employers. This is also called the duty of care, and it is extended to any people who could be injured by the construction defect.
- Breach of contract: Homeowners are allowed to sue a builder or developer if they believe that there was a breach of contract involved with a defect.
- Breach of warranty: Usually there is documentation between the developer and the homeowner that sets forth warranties regarding the property’s physical condition. Sometimes, homebuyers can waive or builders can disclaim implied warranties.
- Strict liability: In most jurisdictions, there is strict liability placed on the general contractor. This kind of law evolved from product liability law. In a strict liability case, the plaintiff does not have to prove the general contractor or developer was negligent in the home’s construction.
- Fraud and negligent misrepresentation: Fraud can be alleged on the grounds that the developer or contractor intentionally misrepresented the construction’s quality in false advertisements and statements.
Our attorneys at Ramey Law P.C. have experience in construction defect cases, and we can represent you in court if you believe your construction developer is responsible for any defects with your home. Contact us today to get started on your case.