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How to prepare for a construction defect lawsuit

On Behalf of | Jul 9, 2022 | Construction Law |

Regardless of your contractor status, if you have worked in California for years, it is likely that you will find yourself served with a construction defect lawsuit at some point. If you have not yet, then you may want to formulate a plan of action now to enact when it happens.

While you cannot account for every twist and turn litigation can take, there are some steps you can take now to set yourself up for a more favorable outcome. Learn more about how you can set your company up to better deal with a defect lawsuit.

What are typical defect complaints?

Construction defects run the gamut from minor to major structural issues. Some defect lawsuits focus on the materials you used during construction, while others may focus on your company’s methods. Common defect complaints include:

  • Leaky windows/roofing
  • Drainage and plumbing
  • Structural/foundation cracks
  • Wood rot
  • Poor workmanship
  • Improper building placement

If you served as a subcontractor, the general contracting company may bring you in on a lawsuit filed against it.

What is your record-keeping system?

Defects in a building do not usually show up until years later. When you face a lawsuit concerning a job you worked many years ago, having an accurate and complete record of it is crucial to your defense. For example, keeping blueprints, change orders and modification requests from the client or contractor may help shift the blame from your shoulders. Make it a habit to maintain all records from jobs indefinitely.

Taking swift action after someone files a lawsuit is crucial to your company’s success. Getting help from those who have knowledge about the process will also prove beneficial to your cause.