Three Ways You Can Resolve a Home Construction Defect Dispute
Many of the complaints owners have about the construction of their new home fall into the category of “cosmetic.” These can be minor or more serious issues. Some may be resolved before closing on the purchase. Others may not be discovered until a later time. Anything that causes serious issues or repeatedly doesn’t work as intended may not be so “minor” or easy to repair and could be indicative of deeper problems with the home. For example, poorly installed windows or pipes can lead to water damage and poor electrical wiring can be a fire risk. Even innocent looking cracks could be a sign of significant structural/foundation issues.
Bottom line? It’s a good idea to try to keep informed about the types of options you have if you find out that an issue with your home is a bit more serious than cosmetic. Ultimately, the contract you signed with the contractor who built your home will determine your options. The best thing you can do is sit down with a reputable contract attorney who can review your situation and contract to help you determine the best options.
Three Ideas to Try to Resolve A Construction Defect Dispute
There are few things you can do, depending on the contract itself:
Try to talk to the Contractor First
Many reputable contractors will sit down with you and work out an agreement if both parties can be straightforward and discuss things openly. You may even be required to talk to your builder before pursuing any sort of legal action about the situation. When it comes down to it, the cheapest, quickest and easiest possible solution is to work something out with the contractor yourself.
Seek Alternative Dispute Resolution
If you’ve tried to talk with the contractor and that hasn’t gotten you anywhere, you don’t have to go to court yet. You have a few options available to you. Collaborative dispute resolution, mediation and arbitration offer different methods and insights during the negotiation process while letting you and the contractor save money on court costs and keep the issue out of the public eye. In many cases one of the problems is communication and these alternative dispute resolution mechanisms may provide a structured, safe and economic alternative to an adversarial negotiation.
One benefit of Alternative Dispute Resolution processes is that it can allow a far better understanding for how the case might come out if it did go to court. And, without the expense and upheaval that litigation can cause.
Litigation as a Final Option
If all else fails, litigating the case in court is always an option. In some cases, your contract may require you to use binding arbitration rather than going to court. The best way to ascertain your options is to discuss the situation with an attorney familiar with construction law as soon as you can. Preferably, this consultation would begin before you sign your initial contract.
A contract law attorney can help you resolve conflicts with all kinds of business contracts. But there are many more things a business attorney can do besides just this. If you have any additional questions about contract disputes or wish to discuss other related legal issues, call Stephen Rizzieri at 214.434.1017 or fill out the form on our site today.