Construction defects and mold lawsuits can be filed by tenants, homeowners, employees and the government. Mold is an especially big problem with leased residential buildings because the buildings are older and built with poor material, and owners tend to do maintenance on a limited basis.
Do you have additional questions regarding defects and mold? Our real estate attorneys are here to assist you throughout the process and answer any questions you may have. Contact a real estate lawyer near you today.
Finding out exactly who to hold responsible for the defects and mold depends on the type of defect, as listed below:
The developer bears the primary responsibility for any new home problems, as specified by warranties in the residential construction contract. You can additionally include architects, contractors, sub-contractors and even material suppliers and manufacturers or importers as co-defendants in a construction defect lawsuit. All of these will have construction liability insurance to pay for rectification of such defects. Insurance policies for property owners will provide additional coverage, should it be required.
Architects will have to take the ultimate blame for design and location related faults, unless they have an exclusion clause in their contract that frees them of liability. For instance, the developer may insist on a specific site, which would free architects of liability. Similarly, suppliers and contractors can be freed of the liability for choice of inferior material by the developer. Workmanship issues that cause problems, such as cracks and structural failure, dry rot, faulty plumbing or wiring issues will be the responsibility of the contractors and sub-contractors.
Do you or does someone you know need legal information regarding defects and mold? Our real estate lawyers are here to help. Contact a real estate attorney in your area today for more information.
Did you know?
Neighbors can be held responsible for toxic mold in your home.
Water leakage in your neighbor's property can cause toxic mold in your home. In this case, the neighbor can be included as a co-defendant along with the developer or landlord.