Construction defects: When your contractor is held responsible

On Behalf of Dunlap Fiore, LLC |

Construction projects involve many moving parts. From planning to preparation to execution, you expect that your hired contractors uphold their individual responsibilities to create a stable, secure project. Unfortunately, mistakes often occur in the construction industry, and obtaining compensation relies heavily on discovering whose fault caused the mistake.

When a court holds your contractor responsible, since you required the construction project, you may receive significant compensation. Proving that the responsibility of the contractor allowed for a construction mistake includes investigations and the finding of negligent action. When you or your business finds itself involved in a contractor dispute, it is essential that you hire an experienced attorney to fight for your rights to a finished product.

Proving contractor negligence

Construction dispute claims often involve defective products or incomplete projects, which is titled Breach of the Implied Warranty of Good Workmanship. When you hire a contract to complete construction elements, and these elements fail, your contractor may prove responsible.

A court must prove negligence for a contractor to be liable for issues with a project. According to Louisiana law, a contractor must complete work that:

  • Designates good, workmanlike manner
  • Is suitable for its intended purpose
  • Proves free from defects in workmanship or materials

Further, if your contractor lacks any of the following workmanship elements, a court may find negligence. Liable contractors do not possess:

  • Skill
  • Efficiency
  • Knowledge
  • Ordinary care

Know that your contractor may not prove liable if he or she is provided insufficient plans or if the defect occurred on its own or through your own fault.

Seeking damages from your contractor

If a court finds that your contractor breached their implied warranty of work, you may hold the ability to seek damages related to your project in Louisiana. In determining amount of damages, a court will measure:

  1. The cost of the damages for repair work
  2. If the project becomes useless due to damages, a court will add:
    • The sum of the return of all payments to your contractor
    • The cost to remove the structure
    • The cost to returning the construction to its pre-construction site state

It is essential to keep track of all necessary documents and take note of processes used by your contractor. Though, by law, they violated their agreement to complete your construction project, you want to be organized enough to easily obtain compensation for their mistakes. Hiring an experienced construction law attorney ensures that you have accurate representation in your dispute.