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Fighting Allegations of Construction Defects

Posted on in Commercial Litigation

construction defect allegations, commercial litigation, construction defects, Milwaukee commercial litigation attorneys, comparative negligenceContractors and construction companies take a great deal of pride in their work ensuring that the buildings and construction projects they work on meet standards for quality and safety. Unfortunately, situations can occur in which a contractor is accused of performing shoddy or substandard work, and allegations of construction defects may involve damage to a property or bodily injuries. If you are facing these types of allegations, it is important to work with a skilled commercial litigation attorney who can help protect your rights and provide you with a defense against these claims.

How Can a Wisconsin Litigation Attorney Help?

An attorney can provide a wide variety of services in cases involving construction defects, including:

  • Reviewing contracts and records - By performing a thorough review of the contracts involved in the work, an attorney can help determine whether any breach of contract occurred. Reviewing records such as blueprints, purchase orders for materials, inspection reports, and communications between a contractor and his or her client can also help to discover evidence that contradicts a plaintiff’s claims.

  • Consulting with experts - By working with architects, engineers, surveyors, and other experts with a knowledge of building materials and construction defects, a lawyer can show that the correct procedures were followed and the proper materials were used.

  • Demonstrating that negligence did not occur - When a plaintiff claims that a contractor was negligent, then he or she must show that the defendant did not meet his or her “duty of care” (that is, he or she did not follow the ordinary procedures that the majority of contractors or builders would have used in a similar situation) and that his or her actions led to actual losses, including financial damages or sustained injuries. An attorney may be able to show that the plaintiff is unable to prove each of these elements and, thus, the defendant did not act negligently.

  • Showing lack of notice - If a defect was caused by failure to repair or maintain a property, rather than a structural defect that occurred due to the use of improper materials or construction, a plaintiff must provide notice to the defendant before liability can be determined. An attorney may be able to show that failure to provide this notice limits the plaintiff’s ability to recover damages.

  • Demonstrating comparative negligence - Even if a defendant is found to be responsible for construction defects, an attorney may be able to show that the plaintiff was partially liable for the damages or injuries suffered, therefore reducing the amount of damages the defendant may be required to pay. 

Contact a Milwaukee Litigation Lawyer

If you are facing allegations of construction defects, the attorneys of Gimbel, Reilly, Guerin & Brown, LLP can work with you to help you reach a resolution that protects your business, your reputation, and your professional license. Contact our Milwaukee, WI commercial litigation attorneys by calling 414-271-1440 to arrange a consultation.

Source:

https://www.uslaw.org/files/Compendiums2012/Construction/Wisconsin_construction_10.pdf

Gimbel, Reilly, Guerin & Brown, LLP

330 East Kilbourn Avenue
Suite 1170
Milwaukee, WI 53202

Phone: 414-271-1440
Fax: 414-271-7680
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