Moving into an existing home can be very exciting for a Minneapolis resident, but some people prefer to have new houses built when they must relocate. The process of having a home erected from the ground up can be stressful, but when homeowners work with reliable builders and contractors their concerns can often be kept in check. However, even the simplest building projects can suffer from problems, and when homeowners discover that mistakes were made during the creation of their homes, claims based on construction defects can result.
A construction defect claim can be established as a breach of contract. How a new home should be built and what materials should be used to create it are terms that are often codified in a construction contract between the future homeowner and the builder. If the builder fails to meet the terms of the contract as it was signed, then any construction defect claims that arise from the failures may impose liability upon the builder.
Another way that a homeowner may approach construction defect litigation is through establishing negligence. Negligence is often the basis of construction defect claims. In order to have a viable construction defect claim through negligence, a homeowner may have to demonstrate that a builder or contractor failed to use reasonable care in the completion of tasks on the building project. The homeowner may also have to show that the builder or contractor should have foreseen the defects that resulted in the home and that the responsible party should have taken steps to avoid those errors.
Breaches of warranty, misrepresentation and many other legal theories can provide aggrieved homeowners with a basis on which to pursue construction defect claims. Construction litigation is a complex area of law, and getting the right information can help a homeowner evaluate potential construction defect claims before filing a lawsuit.