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How Construction Defects Can Affect Your Property

June 22, 2021 by bemysocial

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When you find a defect in your property, it can be a stressful and confusing process. Whether it’s a design or material defect; it can be hard to find exactly who is at fault and whether you’re eligible to make a claim. Contractors, designers, and landlords alike have a duty of care to the inhabitants of the property. If a fault occurs, then it’s likely that someone can be held accountable. Construction law can be difficult to navigate, but luckily, with the implementation of effective dispute resolution, our solicitors are here to help.

Here at Van Eaton Solicitors in Streatham, we can assess your claim and help you identify who’s at fault. This way you’re fully prepared for any legal action you wish to take. By referring to the Defective Premises Act 1972, we can provide professional advice on the necessary steps that need to be taken.

 

They Can Make the Property Uninhabitable

When you find a dangerous defect that can affect your health and safety,  it is a serious cause for concern. This could be found in the foundations or the overall construction of the property and can lead to a substantial negligence claim should an injury or loss occur. Contractors and builders will usually state in the construction contract a “liability clause;” the period in which you can make a claim. If you’re a tenant, you may ask your landlord to fix the fault. If they fail to comply, you could make a claim against them.

A defect in the design can either be patent (discovered upon inspection) or latent (discovered years later). If you find a defect and you have unsuccessfully tried to resolve the issue/s, our civil litigation solicitors can help you assess your claim and find exactly where the blame lies. If your health and safety is at risk, you mustn’t delay; you must contact a construction lawyer immediately for advice.

 

It Can Be Harder or Impossible to Sell

If you’re thinking of selling up and moving somewhere new, you need the process to be as smooth as possible. Whether you’re the owner of the property or the landlord; a defect can not only lower the valuation of the property, but it can make it harder to sell. Some defects are harder to repair than others, and if your home is new, you may be able to make a claim against the contractors, designers, or builders.

Professional negligence within the construction industry is a breach of contract, and you can make a claim under the Defective Premises Act 1972. Our dispute resolution solicitors here at Van Eaton have years of experience solving a range of construction law issues, and we always aim to keep your case out of court wherever possible. To view our full range of services, please visit us here.

 

How We Can Help

Whether you’re a homeowner wishing to resolve and bring accountability for a defect, or you’re a landlord looking to fight a claim, we can help you prepare the relevant documents and can support you throughout the process. Property defects can be worrisome, especially if they present danger. Therefore, you want your claim settled as efficiently and cost-effectively as possible.

Our dispute resolution solicitors in Streatham can provide legal advice and support from all ends of the construction law spectrum. To find out more, or to book a free consultation, you can fill out our online form here. Alternatively, you can give us a call on 0208 769 6739.

Filed Under: Updates

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