3 Common Causes of Construction Lawsuits

By Cotney Construction Law.

Lawsuits are common in the construction industry, so it’s just as important for contractors to prepare themselves for any potential litigation that could be brought against them as it is for them to arm themselves with the tools to pursue litigation if necessary.

Given how common lawsuits are in the construction industry, contractors should always be prepared for potential litigation whether it is brought against them or if they wish to pursue it. Lawsuits can occur for a number of reasons, but the majority of the suits seem to stem from negligence, strict liability, or a breach of contract. This article discusses these three common causes of construction lawsuits.

Negligence can result in minor inconveniences that can be fixed quickly, but it can also lead to failures that require additional time and money to remedy. One common example of negligence is when builders finish the project, but leave the tools on the premises causing someone to trip and fall. As a result, the injured party could file a lawsuit. Negligence lawsuits generally require a clearly documented breach of duty by the contractor.

Strict liability cases are less common than those involving negligence, but when they do occur, they tend to be clear-cut. An example of this is a building that fails to support the contents being moved inside of the building. Even though the building is technically structurally sound, if it doesn’t maintain its structural integrity when a reasonable amount of property is moved in, the construction company is liable for paying the damages.

On every construction project, there should be a contract between the owner and the contractors. Contract outline design plans, costs, timeline, and various other factors that are critical for completion of the project. If either party breaches the contract, the other party can pursue legal action.

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Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation

Source: Cotney Construction Law