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Construction Defect Litigation

Taking Legal Action for Construction Defects in Nebraska

Construction defect litigation has the potential to be highly complex for a number of reasons. First, it involves contract law, sometimes multiple contracts between property owners and contractors, contractors and sub-contractors, contracting companies and suppliers, etc. Second, it involves technical issues related to the manner in which construction should have been performed and the need to prove that a defect was caused by negligence as opposed to a factor outside of the contractor's control. Some construction defect cases may even involve personal injuries caused by a defect.

If you own or rent commercial or residential property in Nebraska and are dealing with faulty work or a delayed project in breach of your contract, you need a construction litigation lawyer who has a solid understanding of local, state and federal laws as they apply to your case. Your lawyer should understand the basics of construction and design, environmental and weather-related issues and also building codes and federal regulations pertaining to the project. A range of experience is helpful in these cases, as a construction defect matter may involve such issues as professional negligence, personal injury or wrongful death, workers' compensation and contract law.

Types of Construction Defects: Design, Material and Construction Deficiencies

Most types of construction defects fall under one or more of three categories: design deficiencies, material deficiencies or construction deficiencies.

Design deficiencies involve errors or negligence on the part of such professionals as architects or engineers, who may violate building codes or create a design unsuitable for environmental conditions at the site.

Material deficiencies occur when construction contractors use inferior building materials. Even when properly used, defective or poorly made materials can cause any of a number of problems in the future, leading to water damage, mold or other problems.

Construction deficiencies relate to poor workmanship. Even with the right design and materials, construction contractors and sub-contractors must apply the right techniques and must take care when performing work on a commercial or residential building.

The party that can be held liable for a construction defect will depend on the type of defect and its cause. The contracts existing between the contractor and property owner will likely dictate who will be held accountable and what action can be taken to recover compensation for damages. A construction defect claim will typically allege professional negligence, breach of contract or strict liability.

DominaLaw Group: How We Can Help

At DominaLaw Group pc llo, we represent property owners across Nebraska who are dealing with construction problems that are creating financial and other difficulties. Some of the specific types of cases we handle include:

  • Defective construction or building materials
  • Poor designs
  • Poor workmanship
  • Inaccurate time and cost estimates
  • Delayed projects
  • Structural defects causing water or mold intrusion
  • Building code violations
  • Drainage issues in landscaping
  • Structural collapses
  • Foundation cracks
  • Electrical defects

Get additional information that may apply to your case by contacting a lawyer at our Omaha law office.

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