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Assessing liability for construction defects

Homeowners in Kansas might have an interest in understanding more about the legal liability associated with defective construction work. Complaints for these types of defects may be filed against engineers, architects, suppliers, subcontractors, contractors or other professionals involved in constructing a home. Complaints are usually filed by the injured party as an attempt to have the defect rectified without incurring additional costs.

Plaintiffs in construction litigation cases typically allege negligent misrepresentation, fraud, strict liability, negligence or breach of warranty or contract. Strict liability claims require the complainant to prove that the defendant was responsible for a mass housing project that created a defect resulting in damages. The strict liability theory is similar to product liability in that it does not require plaintiffs to prove that the developer or general contractor's construction of the building was negligent. Complainants usually allege fraud or misrepresentation when the quality of the services rendered are beneath the standard that was advertised.

Professionals associated with the construction of a project may also be liable for breach of contract if there has been any significant deviation from the terms and specifications originally agreed to. Defendants may be held liable for any reduction in market value that can be attributed to the breach of contract. Breach of warranty complaints typically concern the condition or quality of the property. Construction professionals may be liable for negligence if they have failed to uphold the duty of care standards imposed by the law.

People who have suffered damages due to defective construction may benefit from legal representation. An attorney can investigate the complaint, help to identify all of the parties culpable for the resulting hardships and make a determination as to the remedies that are available.

Source: FindLaw, "Legal Liability for Construction Defects", accessed on March 18, 2015

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Our condo association was faced with monumental construction issues thanks to the original developer of our complex. We were cash poor and in no position to get legal representation without a contingency fee arrangement. Luckily for us, Scott Long and Burke Robinson were willing to take us on as clients. Their work ethic, professionalism and knowledge of condominium construction served our association very well. Any association would be well served in hiring these gentlemen to represent them.

Board of Directors - Plaza Gardens on the Lake Condominium Owners’ Association Lake of the Ozarks, MO

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