Construction Law Attorneys.com - Frequently Asked Questions

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CONSTRUCTION DEFECTS FAQs

1. My builder is out of business, guess I'm out of luck? Not necessarily. Even in bankruptcy, it is possible that their insurance companies are obliged to honor or defend construction defect claims. Breach of warranty or negligence claims particularly may still be covered under the original policies. After investigation, it may also prove that your builder was not the negligent party; it may be any number of parties from the architect to the landscaper.

2. What would cause a professional to make a mistake like the construction defects in my house? Inexperience, incompetence, dishonesty or greed is the usual answers to this. Human beings make mistakes. Even the best of us. The better question would be, "Who should pay for a mistake? The person who made the mistake, or the person who bought it in good faith?"

3. How do I find experts to help me with my construction defects case? Your attorney can suggest a team of experts to help develop your case. It is important to choose a lawyer that is experienced in construction defects personal property law.

4. What is an 'implied contractor's warranty’? An implied warranty simply means that the product may be used for the function that it is manufactured and sold for. In the case of a contractor, this would mean that a residential home would be livable and a commercial building would provide the function (offices, warehouse, etc.) implied by its design and sales marketing.

5. I paid for the defect in my home to be repaired, now it seems I must move out while my house is being 'Tested'. Who pays for this inconvenience? Your construction defects attorney can explain the particulars of your situation, however, shoddy and dangerous workmanship generally points to more than one defect. You are entitled to a safe home and you must protect your legal rights pertaining to future problems with the construction. Generally, the costs of living elsewhere while this type of testing is conducted will be included in your suit for damages.

GENERAL PERSONAL INJURY FAQ

1. What is a counterclaim? A claim that the defendant in a suit has against the plaintiff from the same transaction.

2. What is discovery and what is its purpose? Discovery allows both parties to “discover” information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.

3. What are interrogatories? Written questions by one party to the other, which are answered under oath.

4. What is a deposition? A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.

5. Will I end up at trial? Only about 25% of all personal injury cases end in a court; most will settle.

6. I was ordered to pay “costs;” what does that include? Usually it will include attorney, clerk, witness, and docket fees.

7. What is civil law? Principles that govern relationships between people, where no crime has been committed.

8. What is a class action lawsuit? When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

9. What is negligence? A failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.

10. What are punitive damages? Damages awarded to punish the defendant.

11. What does pain and suffering include? This would generally be money awarded over and above medical costs and lost wages.

12. What is loss of consortium? A loss of companionship and care for the victim’s marital partner.

13. What is contributory negligence? A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.

14. What is a tort? Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

15. How is negligence determined? Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the circumstances)
e. Damages

16. What is the statute of limitation in a civil case? Generally 2 years from the date the incident occurred.

17. I’ve heard the phrase “assumption of risk.” What does it mean? It is used as part of a defendant’s defense. It states that a user assumes risk in the following ways:

a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions

18. What is an appellant? The party who lost at trial is called an appellant on appeal.

19. What is emotional distress? Mental anguish.

20. What are injunctions? Court orders for defendant’s to stop them from doing something (i.e. temporary restraining orders).

21. What is litigation? A lawsuit.

22. What does “res ipsa loquitor” mean? It is a Latin phrase meaning, “the thing speaks for itself.”

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