One of the most disheartening things a homeowner can experience is finding out there is a defect in their home. It’s frustrating to feel as if your investment and hard work aren’t worth as much when there is something wrong with your property. Fortunately, you have legal rights and recourse in the form of construction defect claims, provided you follow the proper process and meet the established deadlines.
Identifying the Responsible Parties
The first thing you will need to do is identify any and all parties responsible for your construction defect. This can be more complicated than it sounds. It requires having a thorough understanding of construction defect law as well as construction basics.
The potentially responsible parties in a construction defect case can include a number of companies and individuals. Some examples include:
- Material suppliers
- Designers, including architects and engineers
It’s important to understand that the list of sub-contractors and suppliers on a single home can be lengthy.
Gathering Evidence and Documentation
Before you can file a construction defect claim and have it taken seriously, you’ll need to gather documentation and evidence. This needs to begin as soon as you realize there is a problem. Your evidence will include photography, videos, repair bills, and any expert opinions.
Filing a Construction Defect Claim
The provisions listed in the applicable insurance policies and state law will dictate how your construction defect claim should be filed. Specifically, you’ll need to comply with the requirements of any insurance policy and the time limits outlined by your state to have a valid claim.
For example, in South Carolina, you have eight years from the last date on which work was performed on your home to bring a claim. In Nevada, you have ten years, but that period doesn’t apply to claims arising from fraud.
Settlement or Litigation of the Case
Once you file a claim, the insurance company will investigate, and your attorney may pursue additional evidence to support your case. At some point, both parties may discuss a lump sum settlement. This is just one area where your legal counsel will be invaluable since insurance companies don’t have your best interests in mind.
If an insurance company denies your claim or fails to offer a reasonable settlement, your attorney can pursue litigation. This will involve filing a lawsuit against the responsible parties. Your attorney can discuss the pros and cons of pursuing litigation and represent your interests in court.
Speak With a Knowledgeable Construction Defect Claims Attorney in South Carolina or Nevada
Construction defect claims can be frustrating and complicated. If you believe you have a case, your next step should be to speak with an experienced and knowledgeable attorney. Clarkson, McAlonis & O’Connor, P.C. devotes a significant portion of its practice to construction defect cases in South Carolina and Nevada. We’d be happy to review your situation and outline your options for the most affordable and favorable resolutions possible. Contact us today to schedule an initial consultation.