Construction Litigation

Even if you strive to perform our best at work, errors and injustice are aspects of life. Thus, you might become involved in a lawsuit. This could involve defending yourself against a construction malfunction, enforcing a contract or collecting overdue funds. If you find yourself in this situation, you can use various tactics to maximize your chance of winning a construction litigation case:

Never be sidetracked. Filing a construction litigation case is challenging enough. However, the situation can worsen if the defendants hinder the process by registering motions and other types of pleadings that are used to stall the proceedings. Thus, it is wise to recognize possible claims and progress your case efficiently, to avoid any unnecessary expenses and stress.

Listen carefully. The road to understanding cannot be achieved without first listening. Thus, listen intently to the information that your attorney grants you, regarding your construction litigation case. Also, before you answer inquiries made to you in deposition or at the trial, listen cautiously.

Documents are king. Documents will be a key component when proving your case. This is true whether you are the defendant or the plaintiff. Important documents include all printed records or communication that state the matter being debated, full contract documents, and financial records. Computer accounts, including electronic mail messages, are particularly vital. Be very meticulous when gathering and saving messages, and written and computer records that state or are associated with, your case.
Stay calm. Solutions problems presented in lawsuits are typically found before a construction litigation trial even starts. Therefore, stay unbiased and composed, regardless of any challenges that your opponents create. 

Just the Facts, Ma’am (Or Sir). Research has revealed that the majority of the public is suspect of corporate administrators. The plurality of jurors presumes that businesspeople will trick and lie in order to achieve their goals. Thus, never conjecture, inflate or conceal damaging facts.

Construction Defect Lawyers

Companies are built up of people who are working hard to make a good product.  If you are a contractor then you have a team of people working to get a very tough and physical job done for you.  You want to make sure that there is someone standing up for you and protecting your work.  If you have Construction Defect Lawyers that you can turn to in time of need you will lessen the risk that one individual could bankrupt you and put your staff out of work.

Construction Defect Lawyers are well versed in the policy and procedure of Construction Defect Law.  When you, as a business owner, turn yourself over to Construction Defect Lawyers you are putting your company in good hands.  You are making sure that if there is an issue you are backed by a trained legal professional who will help keep your business afloat.

Construction Defect Lawyers are used to working side by side with insurance companies.  If a false claim is brought against you then your Construction Defect Lawyers will be able to dispute problems correctly and keep your good name from going through the mud.  If your company has mistakenly failed at some aspect of recent construction then your Construction Defect Lawyers will be able to smooth things out so that you are able to repair the damage for the homeowner so they are happy.  You will be alleviated from negotiations with angry homeowners and the Construction Defect Lawyers will be able to handle the heat and stress of the situation.

Having Construction Defect Lawyers on your side will provide you with mental insurance as well.  You will know that you are protected if the worst happens and someone sues.  You will be able to be a great contractor and protect your employees so that you are able to move on to bigger and better things without sweating the small stuff.

Construction Defect Attorney

You may have never even realized that there was such a thing as a construction defect attorney.  But if you’re experiencing any problems with your house, it might be a good idea to think about hiring one. Obviously, if you’re living in an older home, your chance of getting any money or benefit from hiring a construction defect attorney are limited; most cases involving construction defect attorneys are for newer homes.  If you purchased a brand new home from the builder, or purchased a recently-built home, you may be able to do something about any construction defects you encounter.

In this era of modern construction, some builders continue to build high-quality homes that will last for years. But others don’t.  Some homes, in fact, seem like they’re designed to fall apart after a five-year period.  New homes go up quickly, but sometimes at the expense of quality construction.  If your newer home is exhibiting any of these problems, you may want to consult a construction defect attorney: warped siding, water damage, mold, or generally poor construction.  Particularly in expensive housing markets, a new home can seem like a steal, but if the construction is cheap, you’re getting what you pay for. 

A construction defect attorney can help you after the fact, but it is better to avoid purchasing a poor quality home in the first place.  When you are looking at a home, try to look past the granite countertops in the kitchen and into fundamental quality indicators: are the floors level? Has wallboard been installed properly, without visible grooves where the joints meet or the screws have been put in? If there’s wall-to-wall carpet, what’s underneath? What’s the siding made of? Does the air smell humid or musty already? Should you encounter any of these problems once you own the home, poor construction may be to blame. A construction defect attorney can help you recoup your losses in such a situation.

Construction Defect Attorneys

Construction defect attorneys are lawyers that specialize in resolving building defect cases. These cases generally are brought against a builder, developer, or home seller by the home purchaser in an effort to settle a dispute involving defects in the construction of the home. Often, such defects can cause a significant amount of secondary damage to the home, leading to the need for a great deal of expensive repairs. Homeowners seeking damages against the builder for such financial losses often seek the services of construction defect attorneys.

Building defects cases that construction defect attorneys handle range widely in their severity, from minor defects like peeling paint or faded siding to structural issues that can force the demolition of the home in question. Among the most common issues at the root of construction defect litigation are faulty roofing, cracked foundations, water seepage, toxic mold, poor property drainage, building code violations, poor quality workmanship, and inferior building materials.

Construction defects are a fairly common problem for homeowners, occurring in approximately 15% of new homes. While a portion of these defects are immediately obvious to the parties involved upon inspection of the home, others can remain hidden for several years. While it is the responsibility of the builder or developer to resolve building defects in most cases, the homeowner can have a very difficult time securing compensation for a defect that has taken years to discover. Often, the knowledge and experience of construction defect attorneys can help the homeowner prevail in these situations, recovering damages that compensate for the direct damage and the resulting home devaluation.

Construction defect litigation is a very complex field, one that no homeowner who is without legal training should attempt to navigate on their own. With the expertise and experience of good construction defect attorneys in their corner, homeowners can be justly compensated for the hassle and expense caused by building defects.

Construction Defect Litigation

If you are going through Construction Defect Litigation you can become very stressed out. If you are a homeowner then you are worried about the safety of your family. If you are a contractor then you are worried about the safety of your business. There is a lot of tension that can go along with Construction Defect litigation but there are steps you can take to ease some of that tension.

Let the lawyers do the litigation. Lawyers get paid large sums of money to discuss claims of people and companies during Construction Defect litigation. As a homeowner you do not want to talk directly to the company that has failed you. If you try to do Construction Defect litigation yourself then chances are you will lose your head. Many people try to follow the ideal that if you don’t have anything nice to say then don’t say anything at all. Talk strictly to the lawyers and insurance company professionals in charge of your case. You should get your family out of harms way and then try to distract yourself.

If you are a contractor and you are about to go into Construction defect litigation breathe deep. If you have a good lawyer then you will have no problem during Construction Defect litigation. Do not take anything about your business too personally. If you are not responsible then your lawyer will prove that in Construction Defect litigation. If you are at fault then the best thing you can do is to be gracious after Construction Defect litigation and offer to fix the problem.

If you are a homeowner or a contractor when faced with Construction Defect litigation the best thing you can do is leave it to the lawyers. There is no need for you to get worked up, that is what you have hired people to do for you.

Masonite Claims

Masonite is a hard, durable wood product with a smooth surface. It is used for many purposes, but one use was as a construction material. Homes that were built in the 1980’s or 1990’s (or renovated in that time period) may have problems with their Masonite siding. 

At first glance, it seems like Masonite would be an ideal type of wood siding—hard, strong, and environmentally friendly. However, Masonite siding can be vulnerable to a variety of problems that might lead a homeowner to make Masonite claims of damages from Masonite manufacturers.  Masonite can buckle, split, or be vulnerable to fungal growths that soften the boards.  It is especially susceptible to water damage. If you would like to know if you are eligible for Masonite claims and you want to find a lawyer, it is a good idea to arm yourself with facts first. Examine your Masonite to see if it has any buckling, softness, or splitting which may make you eligible to collect on a settlement from Masonite claims.  Consider taking a picture of the damage to show your point, and consider having a home inspector make an official report about your Masonite damage.

If you replace your siding, you may not be able to collect on Masonite claims, so check with your lawyer first to make sure that fixing the problem won’t lose you money in the long run.   Damages from Masonite claims vary considerably, so get legal advice before taking action.

If possible, try to determine which company manufactured your Masonite, since  many companies have settled Masonite claims from class action lawsuits.  You can look at the back of exposed boards for a stamp or pattern indicating which company is responsible for your damaged Masonite siding. Alternatively, you can check with the original builder to see what brand of Masonite was used and go from there. It’s a good idea to have as much information as possible before attempting to collect Masonite claims damages.

Masonite Settlement

In order to submit a claim in regards to the Masonite Class Action lawsuit a Class Member must complete certain steps.  The first step to make a claim for part of the Masonite Settlement is to fill out the Claim Form and follow procedures for damage that has not been repaired and correct product identification.  To show that it is in fact Masonite Hardboard Siding a person or business submitting a claim form must submit a 6”x6” sample of hardboard siding, proof of communication with Masonite, a $100 deposit which will be refunded if an Inspector deems the siding is Masonite, an invoice warranty from Masonite or a photograph of said siding with Masonite stamp on it.

Step two for having a Masonite Settlement claim verified is to have an Inspector come out to your home to verify you have compensable damage.  The Independent Inspector will come to your home to perform an independent objective inspection.  The Inspector is not going to discuss your claim but instead going to forward your claim directly to the Independent Claims Administrator.  The Independent Claims Inspector will then determine the size of your Masonite settlement based on the Compensation Formula.

Under the Masonite Settlement an eligible Class Member may make a claim for Un-Reimbursed Expenditures associated with Masonite Hardboard Siding.  To make a claim for this section of the Masonite Settlement you must fill out a claims form, provide proof that the siding in question is Masonite Hardboard Siding, proof the siding was damaged, and the damaged was repaired without knowledge of the Masonite Class Action lawsuit and the cost of the repair.  For proof of this part of the Masonite Settlement you must show photos of the damaged Masonite Hardboard Siding and documents such as bills or an invoice verifying it was Masonite Hardboard Siding.

When you are clarifying Damage under the Masonite settlement there are several things to look for.  Masonite damage would result in swell in the siding exceeding tolerance percentage, fungal degradation resulting in soft boards which when pressed by your thumb a hole is created, fiber bundles, cracking of Colorlock finish, surface welting around nail heads.  Damage under the Masonite settlement is not conditions that require routine painting, damage resulting from any natural disaster or other similar event.

There may be exceptions to Damage under the Masonite settlement if the framing has been misaligned, a sprinkler has sprayed the Masonite, missing nail studs, improper roof or wall flashing or by the failure of a chimney cricket to extend to the edge of the chimney.  An Independent Inspector is the one who will determine if the damage to your Masonite Hardboard Siding fits within the parameters of the Masonite settlement.

The final two steps under the Masonite settlement claims portion of the Masonite Class Action lawsuit state that you are not limited to a single claim and that you have a seven/ten year window to file a claim in.  If you purchased Masonite Hardboard Siding between 1980 and 1989 then you have until January 15, 2005 to make a claim.  If you purchased Masonite Hardboard Siding between 1990 and 1998 then you have until January 15, 2008 to make a claim.  If you want to take part in the Masonite settlement but you have passed the expired claim times then you must solely refer to your Masonite Hardboard Siding warranty.

Masonite Class Action

Many houses built from 1980 to 1998 were sided with a series of Masonite products that did not live up to the advertised performance expectations and new owners of those houses may be interested in learning about the Masonite class action lawsuits that were settled on January 15, 1998 and August 7, 1998, . The lawsuits specifically have to do with products called Masonite Hardboard siding and Masonite Omniwood siding, and they were used externally as an alternative to wood, vinyl, or aluminum siding.

The items involved in the Masonite class action lawsuit are forms of an engineered wood product. Both versions are composed of wood fiber, such as sawdust or wood shavings, that is combined with various waxes, resins, and other materials to form a solid composite material. The siding was distributed in two versions. A lapboard version was manufactured that mimics the look of traditional over-lapped wood siding. The second type involved in the lawsuit was manufactured in full sheets. Both versions were available in various finishes and they were manufactured with textured surfaces that mimicked the grain of real wood.

Both product lines involved in the Masonite class action lawsuits were guaranteed to last a certain amount of time, in good condition. Unfortunately, the products would often swell, buckle, rot, or otherwise deteriorate long before the warranty expired. Sometimes, the failure of the siding would cause other damage to the structure onto which it was installed, by allowing water to come in contact with surfaces that the siding was intended to protect.

Those who have been affected by these products have a limited amount of time to benefit from the Masonite class action lawsuits. The Hardboard settlement will expire on January 15, 2008. Homeowners who have Omniwood siding installed have until January 6, 2009 to file a claim. Those who have suffered loss from these products and whish to join the Masonite class action lawsuits should speak to a lawyer as soon as possible.

Masonite Siding Class Action

Many people used Masonite siding as a material to build their house. Masonite siding ended up being a bad choice in home construction. Over the past decade many lawsuits having to do with Masonite siding have arose. Masonite siding was easily damaged and ruined in many cases, leading to a Masonite siding class action lawsuit.

Since so many people reported damage to their Masonite siding, a Masonite siding class action suit was started to earn money for those who suffered damages to their home. Faulty siding on the outside of your home can lead to a number of more serious problems. The siding or other exterior coating on your home serves as a protective coating against harmful forces such as weather. Rain and snow can cause water damage to your home that can lead to mold and bacteria infesting your home. If mold or bacteria begin to grow in your home, it can lead to more severe, toxic forms of mold and bacteria that can be not only harmful to your house but to you and your family’s health as well. In addition to problems such as water damage, the problems with Masonite siding included the look of the outside of the home. No one wants the outside of their home to look damaged. The Masonite siding class action suit presents a number of problems that resulted from the faulty installation of certain kinds of Masonite siding.

The lawsuits against Masonite siding hurt the sales of this type of siding. If you purchase a home that has Masonite siding you must be very careful. More information on Masonite siding and the Masonite siding class action lawsuit can be found on the Internet. It is important to read about the problems of Masonite siding if you are going to be involved in the purchase of a house that has it.

Construction Mediation

If your home or another building that you own is experiencing problems that result from poor construction, your first instinct may be litigation.  If you’re choking on mold spores or if your ceiling falls in because of water damage, you may have a good case, especially if your house is newer.  However, construction mediation is a good alternative to litigation that may save you time and trouble in the long run.

Construction mediation means that your attorney will meet with attorneys who represent the builder.  Usually, some sort of compromise will be made, which means that both parties save money on legal costs. You may not win the vast amounts of money you could win by actually suing, but you risk much less in legal costs should you lose.   A settlement reached via construction mediation can be a good way for a builder to avoid the bad publicity associated with litigation, so they will have a strong incentive to negotiate with your attorney.  In addition to saving money on legal costs, mediation is typically less of a hassle than full-blown litigation. 

As part of mediation, you will want to demonstrate the problems your home is having.  It’s a good idea to get an inspector to list the construction problems that have become evident, and to get contractor estimates (on the high end) for what it would cost to fix.   If your construction mediation goes well, you should at least get money to cover your costs of repair, and hopefully you would get additional funds to compensate for the trouble and problems you’ve experienced as a result of shoddy  construction.  Construction mediation is an alternative to the expense and time consumed in litigation, and is often better for both parties. Mediation also can be faster than the process of litigation, as legal cases can take quite a while to be resolved via the court system.