If you recently purchased a new home, and you've noticed defects in its craftsmanship, you may be wondering if you can file a claim against your contractor. You can file claims against your contractor for certain defects. However, it's important to know the criteria of those claims to know if your claim is eligible.
If your home has toxic mold present in it shortly after construction, you may be eligible to file an injury claim against your contractor. The presence of black fungus is usually due to a prolonged moisture issue. Toxic mold can occur in bathrooms, roofs, and basements.
To move ahead with a toxic mold claim, you would have to establish proof that the contractor improperly ventilated your home or used inferior materials that resulted in the mold. It would also be beneficial to your claim if you have proof that the mold made you ill.
Structural defects are the most common reason people sue their contractors. Structural defects include issues with incomplete work, misaligned flooring, or items that are structurally unsafe. These problems may affect your home's resale value.
Before filing a claim against your contractor, you may want to check in your state to see if it supports a builder's right to cure. A builder's right to cure means you have to give your contractor a certain amount of time to correct the work or to file a response. If a builder's right to cure doesn't solve your issue, you may be able to file a lawsuit. Documenting all correspondence with your contractor as well as taking photos of the defects will help support your claim.
Items In Your Contract
In most cases, you signed a contract with your contractor before they started work on your home. If that contract isn't in direct conflict with state law, what you agreed to will be legally binding. If you didn't sign a contract with your contractor, your state's laws will dictate if you can file a claim or not.
If you think that you need to take legal action against your contractor, contact an attorney that specializes in construction cases. A construction attorney will be able to advise you on the best course of action for your particular problem. Construction lawsuits can be difficult to win on your own, so it is best to have a lawyer in your corner to prove your claim.
For more information, talk to companies like Sauro & Bergstrom, PLLC.