Construction Defect Lawsuits
Experienced attorneys ready to protect your interests
When there are problems in a completed construction project, property owners often blame the builders. These disputes can lead to construction defect lawsuits that drain resources and put your company at risk. That’s why you need an experienced construction litigation attorney on your side.
Eller Tonnsen Bach, LLC defends contractors, subcontractors, construction companies and other businesses in construction defect lawsuits. We understand the impact a suit can have on your business. Our attorneys can help you navigate the legal process and are committed to helping you find the best possible resolution.
What are common construction defect lawsuits?
Construction defect lawsuits can involve alleged deficiencies in:
- Design – A plaintiff may claim that architects, engineers and other design professionals designed building plans that did not meet code, resulting in problems such as inadequate structural support, poor drainage or water penetration.
- Materials – A suit may claim that your business used inferior building materials, resulting in problems. This could involve roof shingles, waterproofing membranes, drywall or another type of material.
- Construction – These suits allege that the quality of your workmanship was poor, resulting in structural issues, foundation cracks, electrical issues or other problems.
- Subsurface – A plaintiff may claim that a structure was built on a surface that did not provide a stable foundation (for example, sand or clay).
Experience handling complicated legal issues
Our attorneys have experience handling construction defect lawsuits. We understand the legal issues that often come up in these types of cases and have a thorough knowledge of North Carolina and South Carolina laws that affect the construction industry. We can design an effective legal strategy to reach a resolution that meets the needs of your business.
In these types of lawsuits, you may be accused of:
- Negligence – A plaintiff may claim you failed to meet the legal standard of care when working on the construction project. Contractors and developers can be held responsible for negligence by subcontractors they hire.
- Breach of contract – A property owner may claim that your company failed to meet specific contractual obligations on the project.
- Breach of warranty – Your company may be accused of failing to honor an expressed or implied warranty concerning the condition of the property if there are problems.
- Strict liability – An “implied warranty of habitability” puts strict liability on the contractor of the project. A property owner must prove the contractor was involved in the production of housing, that there is a defect in the house, that the defect caused damage and that the contractor caused the defect.
- Fraud and negligent misrepresentation – A plaintiff must prove that a building knowingly misstated the quality of construction and had no intent to follow the design plan.
Focused on measurable results
Our attorneys investigate the claim against you in search of the facts. Our legal team gathers evidence, reviews documentation, deposes witnesses and consults experts as needed. We build strong cases and take steps to protect your rights.
We guide you through the legal process every step of the way and advise you on the best way to proceed. In some cases, that could mean negotiating a settlement. In other cases, we may recommend pursuing an alternative dispute resolution method, such as mediation or arbitration. But we are always prepared to litigate. Our goal is to help you get the best possible outcome.
If you are faced with a construction defect lawsuit, learn more about how we can help. Contact us to schedule an initial consultation at any one of our three offices – Greenville, SC; Charlotte, NC and Charleston, SC.