How to successfully defend a construction defect claim

On Behalf of | Oct 1, 2021 | Construction Defects |

There are many construction projects happening across New Jersey at any given time. Unfortunately, not every construction project goes smoothly. Sometimes, this situation leads to one party filing a construction defect claim against another business. Here are several ways to defend your business against a construction defect claim.

Gather information

One of the most important factors in defending your business against a construction defect claim is having information. Make sure you have your project’s contracts, photographs, invoices, and any other documentation with details about the project that another party is claiming to be defective. You might also consider having a contact who can have all information handy without you having to sort through documents and contact lists to obtain it.

Look at the scope of work

Another essential factor to look at regarding construction defect issues is the scope of work for the insured party. You’ll want to look beyond the language you see in this project’s contracts. By doing this, you can determine if there were aspects of this project
beyond the scope of work previously agreed upon.

Have witnesses

When another party is claiming defective construction work, your business can defend itself by having expert witnesses. Since many construction defect claims can get quite complex, witnesses are often extremely valuable to have on your side. It’s even better if your witness was closely involved with the construction project in question.

When defending your business against this type of claim, keep all project-related documents handy. Supporting your case with documentation and expert witnesses may help you show that you bear no liability for the defects found or that the supposed defects do not exist.

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