Finding a fault in the construction of your property can cause a great deal of stress. If the defect has left your property unsafe and it is unfit for habitation, you may be able to make a claim. A building that has been constructed in a way that leaves the property itself or its inhabitants unsafe needs to be handled straight away, and you need to seek legal advice as soon as possible. Under the Defective Premises Act 1972, duty is owed by landlords who have an express obligation to repair or maintain the property. However, if the fault lies with the construction project, there are steps you can take.
Here at Van Eaton Solicitors in Streatham, we have vast experience in dealing with construction law in London and the surrounding areas. There are a range of different construction disputes concerning contracts, workmanship and the building itself; all of which need top legal aid in order to be dealt with effectively. We can implement dispute resolution and mediation to help settle your claim outside of court, and we aim to get you the result you require as efficiently as possible. We will also refer back to the Defective Premises Act where necessary. Read our article below to find out more about the different types of construction defects.
For a fault to be considered a construction defect, it must be a deficiency in the construction process, lead to the failure of the structure and cause damage to a person or property. The defect can either be patent (discovered by reasonable inspection) or latent (problems discovered years later). If it is discovered that there is a problem in the overall design of the building, it is usually because the designer has failed to create well-organised plans. These defects usually occur by omission or error.
In the construction industry, errors usually require the replacement or redesign of a component; whereas omissions can be sorted by adding to the contractors’ scope of work. Here at Van Eaton Solicitors in Streatham; we can help you determine where the fault in your property lies and work out exactly who you can make a claim against. You can read our previous article discussing the Defective Premises Act 1972 here.
If you experience defects due to inadequate or damaged materials, you can make a claim stating a material defect. These issues come from the manufacturer, and the contractors and designers won’t be aware of the defect until they’ve been used within the project. They can be quite expensive, as extra labour and materials may be needed to be used to fix the issue.
Material defects can have a significant impact on the construction of a property. They may cause collapse or structural damage and can leave inhabitants at risk of injury. If you’re a homeowner or landlord who believes a property is suffering from material damage; you must seek out legal advice before more damage is caused.
One of the most common occurrences in construction defects; problems caused by poor workmanship can be incredibly dangerous to inhabitants of the property. They are usually caused when a contractor fails to construct a building or component in line with the design guidelines. Ranging from aesthetic issues to structural inaccuracies, finding who is liable and who to make a claim against can be difficult.
If you believe a property has been designed out of the terms of your construction contract, and it has caused substantial damage to your property; you should seek the help of a legal professional right away to assess the viability of a claim. Here at Van Eaton Solicitors in Streatham, our construction lawyers can help you assess your claim and help you build a case in accordance with the appropriate law. If an injury has already been caused due to a defect, you may be able to bring a lawsuit against whoever is liable for the damage. Your solicitor will be there to support you every step of the way.