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Is construction litigation necessary to deal with a defect?

Buying a home really is a big deal. It is a significant investment, and one that takes some years or even decades to afford. Unfortunately, it is usually long after the papers have been signed and one is all moved in that problems with the construction of the home may become apparent. Wisconsin residents who are dealing with construction defects may have to resort to construction litigation in order to resolve the matter.

A construction defect is defined as any condition in the home that reduces its value. There are many causes of construction defects. Some include:

  • Use of poor building materials
  • Negligent construction
  • Failure to properly prepare the foundation
  • Engineering problems
  • Poor site planning

Common construction defects include mold, electrical system failure, structural failure, foundation crack and faulty drainage -- among a variety of others. Proving that any of these these are the fault of the builder, site planner, engineer, supplier or anyone else who was involved in the project can be quite challenging. The court will rely on expert testimony when it comes to determining fault.

Now, not all construction litigation cases have to go to court. It is possible for Wisconsin residents to handle construction defect claims through out-of-court negotiations or other alternative dispute resolution methods. One's legal counsel can review the details of the case and help one pursue a legal course that makes the most sense. If such a case is successfully navigated, full and fair compensation for any monetary losses experienced as a result of the defect may be achieved.

Source: FindLaw, "Construction Defect FAQs", Accessed on Nov. 7, 2017

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