Construction injuries are an often-litigated area, mainly the result of negligence, strict liability, breach of contract, or breach of warranty. Here are four common causes of actions in construction lawsuits.
Negligence
Negligence is a cause of action commonly used in construction litigations. One common example is that, several months after a construction project was completed, the homeowner was injured by defective stairs which were not installed according to safety codes, or if homeowners were injured by tools left on the premise by construction workers. In those cases, the contractors breached their duty of care and can be held liable for injuries of homeowners that result from this negligence.
Strict Liability
In construction defect cases, builders or contractors can be held strictly liable regardless of who was negligent. For instance, if the defective floor was installed and caused damages, homeowners can sue companies installing the floor, manufacturing the floor, and distributing the floor, regardless of who was negligent in this case.
Breach of Contract
In construction projects, owners and contractors often agreed on issues such as designs, quality, deadlines, and costs. If the result is not as agreed on in the contract, the affected party can pursue a claim for breach of contract. As a contractor, you must ensure that the quality of construction is up to standard and does not have any delays. As an owner, you must also ensure that you provide the agreed-upon compensation when contractors complete their projects.
Breach of Warranties
Most warranties are given for a product or property, and they last for a specific amount of time. For instance, a builder can provide a homeowner with a one-year warranty on the building. If a defect is found in the building within one year and the builder refuses to take action and fix it, then the owner has a cause of action and could sue the builder for a breach of warranty.
Victims of New York construction injuries are strongly advised to seek legal assistance from a New York construction injury law firm. Please feel free to call Gordon Diefenbach, an attorney in Manhattan who has been handling these kinds of cases for nearly 30 years for a free assessment. The 24-Hour Hotline is (917) 734-7111. We will either speak with you the moment you call or will return your call within a matter of hours.
