When something goes wrong during a construction project, the legal system affords a way to hold responsible parties liable for defects and recoup the money that was lost as a result.
Under Kansas law, there are numerous actionable claims in construction defect litigation, including:
Breach of contract. Breach of contract refers to when a binding agreement is not honored by one or more of the parties who agreed to it, either by non-performance or interference with the other party’s performance.
In the construction context, a plaintiff must be prepared to show the injury that was sustained as a result of the breach as well as, with reasonable certainty, the amount of damages that were suffered as a result of the injury or breach.
Negligence. Negligence refers to a failure to exercise the degree of care that is expected of a person of ordinary prudence in similar circumstances. Within construction litigation, negligence can be used as a basis for construction defect claims where there is no contractual relationship.
Implied warranty. Generally speaking, an implied warranty is a warranty that is not stated expressly but is still recognized or imposed by the law because of the nature of the transaction taking place.
According to Kansas case law, there is “implied in every contract for work or services a duty to perform it skillfully, carefully, diligently, and in a workmanlike manner.” This isn’t to say that the work has to be “the best,” but it does have to be constructed under accepted terms of the industry.
This is just the tip of the iceberg when it comes to the many actionable construction defect claims that can be pursued in the state of Kansas. For more detailed information, speak with a construction defect attorney in your area.
Source: USLAW.org, “STATE OF KANSAS CONSTRUCTION LAW COMPENDIUM,” accessed Dec. 5, 2014
