Construction Defect FAQ
Construction defect Frequently Asked Questions
How much time do I have to file a lawsuit if I was injured in a construction accident?
Under Washington law, you have three years from the date of the accident to file a lawsuit for your injuries.
How much time do I have to file a lawsuit for breach of a contract?
It depends on whether the contract was verbal or written. You have three years from the date of breach to file a lawsuit for breach of a verbal contract. You have six years from the date of breach to file a lawsuit for breach of a written contract.
What should I bring to an initial consultation?
If you are coming to discuss a personal injury matter, I would like to see a copy of your insurance policy, scene and accident photos, medical records, medical bills, property damage estimates, police reports, and letters to insurance claims agents. I would also like copies of any text messages and e-mails you sent or received to anyone about the accident. If you are coming to discuss a business dispute or construction defect matter, I would like to see a copy of all contracts, all change orders, any photos, inspection reports, and correspondence you sent or received with anyone about the dispute.
How much time do I have to file a lawsuit for a construction or design defect?
The answer to this question is quite technical. You have no more than six years, but you should consult an experienced construction litigation attorney for guidance.
Can the police stop an illegal work under construction?
When there is a specific complaint, Police can interfere in the issue and file the related information before MEM if there is any law and order problem regarding site/land dispute and stop the illegal construction work with orders issued by MEM as per section 145Cr.PC. Police can also Stop illegal construction work if there is court order and orders of revenue authorities, which is why litigation against construction work is the most effective way to have the police help stop an illegal work under construction.
Why do I need a construction permit?
There is a long list of construction and engineering regulations, and the building permits are to assist in making sure they are followed, and the planned building will be following the building codes. There has been a history of unsafe buildings being built, and latter collapsing and killing many people. One of the most important of the building codes is the fire codes. There is also concerns about toxic materials being built into buildings. Building codes can also be designed for the special conditions of a region. California and Florida building codes are different, because California needs to worry about Earthquakes, and Florida Hurricanes. The building codes in each place deal with the serious threats in the region.
How long does it take to resolve a construction defect case?
It depends on the type of case and its complexity. I suggest planning on 18 months for most cases, but COVID has slowed down everything, including how long it may take to resolve a case.
How should I deal with a building contractor who did not finish the job?
When the homeowner paid for components, the contractor’s work or materials to complete the project, he or she may have no other choice but litigation to resolve the conflict. The contractor may not communicate once he or she has the funds from the job even if there is work that needs completing. In these situations, the homeowner may need to gather evidence and contact a lawyer to determine what path to take. If he or she does nothing, the missing items will remain unavailable. Funds given to the contractor for incomplete work are irretrievable without starting a claim. Depending on the amount of possible compensation, the homeowner will need to determine which path is best. After contacting a lawyer, he or she will understand what options exist. However, the value of the claim may lead to the small claims courts. If there is another item involved such as a third party or a subcontractor as well, this could increase the value. When the possible compensation is sufficient for litigation, the homeowner may need to initiate a claim with legal support.
Can I sue if my car is damaged during construction?
It's possible that your vehicle was damaged not by government negligence, but by the government's attempt to fix or maintain the roads. Construction companies have a general duty to keep a construction zone safe. If the company is negligent in maintaining a safe construction zone and that negligence leads to vehicle damage or an injury, the company could be liable for damages. As with a normal car accident, you should attempt to document the vehicle damage as best as possible. Be sure to report the damage to your insurance carrier as soon as possible. Your automobile insurance policy may cover the cost of repairs. If you're having trouble filing a claim against the government or collecting from your insurance company, an experienced car accident attorney like Aultman Law may be able to help.