Persons and businesses are subject to being made parties to lawsuits for a myriad of reasons. Whether it is to protect a clients rights or to defend against the claim of another party, The Hubbard Law Firm stands ready to represent you with skill and integrity.
- Settlements
- Injuries
- Accidents
- Defects
- Land Disputes
- Collections
Frequent Asked Questions:
Construction Defects:
Q1: Who pays for the damages?
A: Typically the defendant’s insurance company that was in effect when the damage was first noticed will be responsible for paying the damages.
Q2: Are there any time limits on filing a lawsuit for repairs?
A: Yes, but it varies by state. Many states have legislation that requires the homeowner or homeowners association to notify the developer or contractor of the defect and give them an opportunity to remedy the damage. Then they can file a lawsuit if the defect is not repaired. The statue of limitations (the time limit for filing a suit) also depends on whether the defect is latent (hidden and not obvious to a reasonable person) or patent (obvious). The shortest time limit is three years from the date the defect is discovered, or should have discovered the problem. Other statues start from the date of completion of the home. It is important to take action immediately if your home has a construction defect.
Q3: Who is responsible for construction defects?
A: There may be several responsible parties, but generally the responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction were manufactured by others. Architects, designers and other involved parties may also be defendants in litigation.
Q4: Should I make repairs while the lawsuit is pending and can I recover those costs in the lawsuit?
A: Usually the homeowner or homeowner’s association is required to protect property from sustaining additional damage. Such costs are recoverable in the lawsuit. Failure to perform routine maintenance and reasonable repairs can cause or contribute to additional damages, which could be offset from the owners claim and lead to the defense of “failure to mitigate damages.”
Q5: Can I sell my home during a pending lawsuit?
A: Generally homeowners are allowed to sell their home during the lawsuit but most states have a disclosure law that requires a homeowner to disclose to a potential buyer that the home is involved in litigation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Contact The Hubbard Law Firm for a confidential consultation to assist you with your legal needs. Licensed to practice in all courts in the State of Texas.
