Construction Defect FAQs

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When structures are built, construction companies and general contractors have strict guidelines to follow. Unfortunately, whether the company purposefully cut corners or made an honest mistake, a construction defect may occur. Consider the following frequently asked questions about a construction defect case:

What is a construction defect?

A construction defect is any issue that cheapens the value of your property. These problems arise in many different types of structures such as homes, condominiums, townhomes, apartments, and more.  Whether you notice a problem immediately or it comes to your attention years after you bought the house, we want to help.

What types of issues fall under a construction defect case?

There are many types of defects that may occur in a structure. If you discover any of the following issues, immediately call a professional to confirm your observation. The following are common issues that lead to construction litigation: water issues, landscaping, poor drainage, cracks in any area of the home, dry rot, structural failure, and electrical problems.

How is a construction defect proved in court?

The court will take into consideration what type of defect it is – latent or patent. A latent defect does not make itself known for years after the structure was built. A patent defect is an issue that is immediately obvious to the homeowner. If necessary, an expert inspector will be called to the site and his opinion on the defect will be given to the court.

What type of compensation will I receive?

The compensation you will receive depends on the unique circumstances of your case. However, it’s not uncommon for the responsible party to be charged with fixing the defect, paying court fees, and compensating the homeowner for the loss of home value.

Why should I hire a construction lawyer?

Construction companies have an insurance company on their side that are ready to fight your accusations. You need a team of lawyers who know how to handle construction companies and their insurance providers. Fortunately, the Kicklighter attorneys have years of litigation and trial experience fighting for property owners.

Contact the Kicklighter Law team at 912-754-6003 
to schedule a consultation!

Kicklighter Law

Contact us today if your property has a construction defect.

Why Do I Need a Construction Attorney in Georgia?

Successful construction projects require collaboration between multiple parties including owners, architects, contractors, and investors. Because of the large number of moving parts in construction projects, the potential for disagreements is high, making it important to have an experienced team of construction attorneys protecting your interests.

Need a Construction Litigation Team? Call Kicklighter Law at 912-754-6003!

Here are three reasons you need to hire an experienced construction attorney:

1. Creating and Reviewing Effective Contracts

Construction projects can involve tight schedules and large amounts of money. Before getting financially involved with a project, you need to make sure your interests are protected in writing. This can be done by creating an effective contract. The construction litigation team at Kicklighter Law can help you draft or review construction contracts to protect you in case of disputes or non-payment.

2. Dispute Resolution

If a dispute occurs between any of the parties involved in a construction project, it’s crucial to have an experienced construction attorney to represent you as soon as possible. Typical disputes during projects include breach of contract, professional negligence, construction defects, and payment issues. Kicklighter Law has the expertise to successfully represent your case and will work to find fair solutions through mediation or in a trial.

3. Permitting and Regulation Guidance

Regulations, licenses, and permits can stall a construction project no matter the size. This includes zoning, land use, environmental, and workplace safety laws. A Georgia construction attorney can help you navigate the legal requirements for a project and ensure you are up to code before and during construction. The Kicklighter Law team is experienced with the codes and laws surrounding construction projects in Georgia and maintains relationships with leading experts to ensure we have a complete understanding of each situation.

Call Kicklighter Law’s Expert Construction Litigation Team Today at 912-754-6003!

Choosing a Contractor in Georgia

Remodeling a home or constructing a new building is an exciting adventure! Making sure you choose the best contractor available makes for a solid foundation in the contractor-client relationship. Discover how to choose the right contractor and how a construction attorney can help if needed.

Receive Several Bids

Just like you price check a product online or at a store for the best deal, you’ll want to receive several bids from different contractors. It’s likely that a more-experienced contractor will charge more while a new contractor will be cheaper. You’ll have to decide if cost is worth the experience or if getting the best deal is the driving factor.

Make Your Decision Beyond the Numbers

After getting several bids from different contractors, eliminate any contractors who you did not feel comfortable around. Your construction contractor will be building or remodeling your home, which means you need to feel 100% comfortable with their personality, ethics, and decision-making process.

Ask Other People for Referrals

A contractor can say all the right things, but their actions will show their true work ethic and character. That’s why Mickey Kicklighter, your construction attorney, advises you to get referrals from people you trust. You can ask them to be honest with you about how they felt with their construction contractor, their dependability, if there were any unexpected costs, and more.

How Your Georgia Construction Attorney Can Help

If you’ve hired a contractor to build or remodel your home, your construction attorney understands that there is a potential for disputes. These disputes may lead to costly issues, and we’re here to help! Further, if you hired a contractor and you’re noticing defects in his work now that it’s complete, we can guide you through this legal matter. If you have any questions, don’t hesitate to contact your construction attorney, Mickey Kicklighter, immediately: 912-754-6003.

What to Do After You Find a Construction Defect

General contractors and construction companies have a standard they must meet to ensure a building is up to code. Frustratingly, the workers may cut corners to meet deadlines. This will create an issue known as a construction defect. This is what you should do after you find a construction defect:

Present Your Problem to the Builder

Best case scenario, you talk to your builder and they immediately take steps to fix the problem. During a construction project, there are building contracts that the builder and general contractors must answer to. If your problem is covered within this building contract, they have a responsibility to fix the construction defect.

Talk to an Attorney

Frustratingly, some builders and general contractors won’t take responsibility for the defect or give you the runaround about when they’ll fix it. When an attorney gets involved, the understand you’re serious and it can speed up the process. Mickey Kicklighter has extensive experience dealing with construction law, builders, and general contractors to help you during your construction defect case.

File a Lawsuit if Necessary

Most construction defect cases will fall under a negligence claim or a breach of contract claim. A negligence claim covers issues like the builder lacked the skill or knowledge to complete the task, the builder failed to perform the task, or the result was not sufficient. A breach of contract claim encompasses issues with the product itself, usually one that resulted in a defective product.

Filing a claim against a person or company may seem overwhelming after you find a construction defect, but your place of residence needs to be free of malfunctioned or damaged parts. Mickey Kicklighter can guide you through your claim, as he has countless experiences with construction law and obtaining positive results for his clients. If you have any questions, don’t hesitate to contact us today.

Types of Construction Defects in Georgia

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construction defects can take many forms, and each defect requires extensive skill and knowledge to make it right. We have experience handling deficiencies in a building’s design, material, construction, and subsurface. Discover the details:

Construction Defect: Design

The design of a building has a direct effect on how your building is built. If an architect designed your building poorly, the construction team will build it based on an improper design, and problems will occur. The design itself must be up to code and follow specific regulations to ensure safety and proper building.

Construction Defect: Material

Your home should be aesthetically pleasing, but also built with the very best materials. If your contractor cut corners and used cheap material instead of quality material, your home won’t last as long as it should. You may not realize that cheap material was used until you see a physical problem manifesting such as a rotting window frame or mold buildup near a doorframe.

Construction Defect: Construction

If your home was constructed poorly, it’s likely that a constructed defect will arise. Issues that may present themselves due to poor workmanship include foundation cracks, wood rot, electrical problems, and leaks in the plumbing. If you experience any of these issues, it’s likely you’ll have additional problems that are produced due to these issues.

Construction Defect: Subsurface

A solid foundation is necessary for a solid structure. A construction defect may occur if the foundation was not properly built or if the subsurface underneath the foundation was not adequately prepared. If the subsurface is not properly compacted and readied for the foundation, your home’s foundation may experience cracking, subsidence, shifting, and other serious issues.

The Kicklighter Law attorneys have extensive experience with construction defects and construction law. If you need our legal assistance, contact us immediately.

Construction Law: Debunking Common Construction Defect Myths

Have you recently purchased a cozy townhome or bought your dream vacation home? These purchases are some of the biggest and most exciting purchases you’ll make! Frustratingly, a construction defect may present itself after you’ve signed the final contract. Before spending your hard-earned money to do the repairs yourself, contact an attorney to investigate your construction law case and debunk any common construction law myths.

There are many misconceptions about construction defects that too many people believe. Allow us to shed light on the following misconceptions about construction defects:

Myth #1: I will lose value in my home if a construction defect exists.

When you become aware of a construction defect, you’ll want to do everything in your power to fix the problem before reselling your home. But, if the defect occurred because of an error in construction, you can hold the construction company or general contractor accountable! If you choose to resell your home, you need to disclose any information about the defect. However, your home won’t lose value if it was properly fixed.

Myth #2: Construction law was created to protect construction companies.

On the contrary, construction law was created because government officials understood that homeowners needed to be protected from companies that might take advantage of them. Construction law holds companies and contractors accountable, so homeowners can rest assured that their structure is safe and secure. If a defect exists, we’re here to help.

Last of the Myths: If I didn’t obtain a warranty when buying the house, I cannot sue.

Warranties are very beneficial when you buy a house, but just because you don’t have one doesn’t mean you’re stuck with a construction defect. An experienced lawyer will investigate your case and help you uncover what you’re able to sue for even though no warranty was issued.

Don’t hesitate because of the common myths surrounding construction defect cases. Allow the Kicklighter Law attorneys to help you with your construction law needs! Contact us today.

CONTACT US

Call Us: 912-754-6003

412 North Laurel Street
Springfield, GA 31329

Telephone: 912-754-6003
Fax: 912-754-6336

Email: [email protected]

Providing Superior Representation All Across Georgia.