Qualified Representation In Housing And Construction Defects
Whether you are a contractor, sub-contractor, property owner, or commercial lessee, we can help. Whether you have already been sued, fear you will be sued, or are wondering if you should file a lawsuit, the first thing to do is gather together the important information related to the incident in question. For example, if you have been sued for quality of work issues, what portion of the work did you or your business perform? Were there any dependencies on other subs or contractors involved in the project? If you hired a contractor and you’re dissatisfied with the results, or if you purchased a home with undisclosed defects, be sure to pull together any contracts you signed and all communication between you and the contractor and/or realtor.
To prepare to talk to a lawyer at Tidwell & Associates in Chattanooga, gather together all the information you have. We also recommend that you put together a timeline based on the documented dates and times in the documents you find (not your memory), and make an appointment to talk to a member of our firm who specializes in this field. Construction law happens to be a specialty here. Founding attorney Jerry Tidwell is listed as a US News and World Report Best Lawyer in this area.
How You Can Prepare
Find all documentation related to the agreed scope of work, the actual work performed, who did it, when, whether the work was inspected by code enforcement, whether you have examined the work, if any attempts to remediate the situation have been made, and, if so, by whom. The more you can document, the better off you will be. This will likely require going through emails, text messages, voicemails, your accounting/bookkeeping records, invoices, etc. to document the details of your project fully.
If you have been sued for non-performance or a contractual issue, find the fully executed contract and clearly identify what the claimed breach is. Again, are there any dependencies on others? Have you attempted to remedy the alleged breach? Is there a cure clause in the contract? Is there a requirement that all disputes be submitted to binding arbitration?
Notify your insurance carrier but be cautious. Contractors are sold commercial general liability policies (CGL policies). The typical CGL policy will pay for a lawyer to defend your case but will not pay any settlement or judgment for negligence. You should strongly consider supplementing any defense offered by the carrier with your own counsel.
Regardless of whether you are the Plaintiff or the Defendant, while your memory is still fresh, prepare a list of all realtors, home inspectors, contractors, subcontractors, workers, code inspectors, and any other persons that may know something relevant to the lawsuit. Include any contact information you have for each person on the list.
Consult With Us Regarding Your Construction Defect Or Housing Case
We are here to help contractors, home owners and other involved parties deal with construction defects. To discuss your specific case and options with an experienced lawyer at our firm, call our Chattanooga office at 423-340-4222 or contact us online.