Seeing both sides of a construction defect lawsuit
On Behalf of McNabb, Bragorgos, Burgess & Sorin, PLLC | May 23, 2022 | Construction Law
A construction defect is a failure to meet a project’s requirements and expectations. The result is often a claim that is filed against a construction worker or company. In Tennessee, there is never a one-sided case that favors the plaintiff. In a fair trial, every defendant has the right to make a defensive strategy.
Classifying a defect
A construction client, such as a home or business owner, files a construction defect claim if a project falls short of quality standards. Construction defects include damages to a building’s walls, floors or ceilings, unstable foundations and other issues that reduce the quality of a plumbing, mechanical or electrical system. A defect often leads to additional problems, such as leaks or the growth of mold.
Defending a claim
A contractor can be sued regardless of the nature or extent of a problem if the plaintiff proves that the project’s failure was the worker’s fault. State construction law gives an accused worker or company the right to defend against a damaging construction defect lawsuit. The first step is to determine the validity of a claim and decide if it’s legitimate or not. This starts by examining the cause of the construction defect, such as why it happened and whether the worker can be blamed for it or not.
In criminal defense, every accused person or organization has the right to offer a defense against an allegation made in a public lawsuit. Construction contractors and companies are often blamed for causing problems known as construction defects. There are several methods they can use to fight accusations, keep their businesses and protect their reputations.