St. Martinville Construction Litigation Lawyer

Construction Litigation Attorney in St. Martinville, LA

There are few things more satisfying than building your own home up to your own specifications. Discovering that it has a flaw can be devastating, though. If you’re in this position, you may need to hire a St. Martinville construction litigation lawyer to help you hold the contractor liable for their errors.

Trust Chris Villemarette, Trial Lawyer

If you’re facing an unanticipated issue with your new home, you can trust Chris Villemarette, Trial Lawyer to help you determine who is liable for any damages that arise. He has been in practice since 1994, and in that time, he has developed a clear understanding of what it takes to hold developers and other contractors accountable under construction litigation laws. He can help you, too.

Reasons to Hire a Construction Litigation Lawyer

One of today’s most well-known construction litigation cases took place in New Orleans, LA. It occurred when Brad Pitt’s Make It Right Foundation promised help to residents of the 9th Ward hit by Hurricane Katrina. Well over a decade later, a 2022 inspection found that just six of the 109 homes built by the foundation to replace homes that were destroyed in the hurricane remained in relatively good condition. That suit was settled in 2022 for $20.5 million.

You don’t have to be part of a widely publicized class-action case to hold a contractor responsible for work they performed inadequately or failed to do. You can hire a construction litigation lawyer to help. Your St. Martinville construction litigation attorney can assist you with everything from filing your initial claim to gathering evidence to support it and litigating your case in court should you be unable to come to a settlement agreement pre-trial.

Understanding Construction Defects

Construction defects range in severity from minor cosmetic issues like peeling paint to electrical problems and leaky roofs. Most defects are discoverable by a reasonable inspection, although latent defects like foundation problems only appear years after the initial build as settling causes cracking. The most common causes of construction defects include:

• Errors or omissions by the design team
• Poor workmanship
• Manufacturing defects in the building materials
• Soil problems resulting in a lack of a solid foundation

If you’ve noticed a construction defect, you can work with a construction litigation lawyer to hold the responsible party liable in court.

How to File a Claim

There are several ways that you can go about holding the responsible contractor liable. They include:

• Breach of contract, which is called failure to perform a conventional obligation in Louisiana. This type of claim can be filed against a builder for failing to adhere to the terms of your contract, blueprints, or warranties. You must be a party to the contract in order to have standing to file a claim for its breach.
• Negligence. You may also be able to file a claim against the builder for negligence. Builders owe a duty to their customers to work carefully and ensure that the homes they construct do not have defects. If they fail to uphold that duty and it causes you compensable damages, you may be able to file a claim for negligence.

Who to File a Claim Against

Deciding who to file a claim against is one of the first steps you’ll have to take to hold the responsible party accountable for their role in causing your construction defects. First, you should check to see if the issue is covered under a builder’s warranty, often called a limited warranty. If the issue is covered and you’re within the warranty period, you may be able to get your money back.

If you don’t have a new home warranty in place, who you file a claim against will depend on who you signed the contract with. In most cases, the contract is made and signed with developers, such as Bulliard Construction, which means this is the company you’ll hold accountable for any building defects. It’s rare for homeowners to sign contracts with architects or even general contractors, who are usually contracted by the developers.

FAQs

What Are the Three Basic Stages of Litigation?

The three basic stages of litigation are pleadings, or the initiation of the claim; discovery, or the gathering of evidence; and trial, or the presentation of the case for a verdict. Most civil cases settle before the trial phase begins. Settlement negotiations can, however, take place during any stage of litigation, including after the case has already begun to be tried.

What Does Construction Litigation Involve?

Construction litigation involves civil claims arising from disputes about building projects. This field of civil litigation is focused on the complex web of contracts, regulations, and technical specifications that surround these projects. Construction litigation cases often involve multiple parties, including owners, contractors, subcontractors, architects, and suppliers. They can be extremely complex.

Is It Worth Filing a Claim Against a Contractor?

It is worth filing a claim against a contractor if a breach of contract was involved and it led to substantial damages. You’ll need strong evidence to successfully file a claim against a contractor, typically in the form of photographs. If your documentation of the issue is weak, you are less likely to find success with your claim. When in doubt, contact a St. Martinville construction litigation attorney regarding your potential claim.

What Are the Four Elements of a Legally Enforceable c Contract?

The four elements of a legally enforceable construction contract are: offer and acceptance, or the agreement upon the terms of the contract; consideration of the payment or value; capacity, or legal competence; and legality, or lawful purpose. These four elements ensure that all parties involved are in agreement about the scope of the work, the materials, and the terms of the payment in exchange for services.

Your St. Martinville Construction Litigation Lawyer

If you’ve had difficulty with one or more of the contractors working on your construction project, you may need the help of a St. Martinville construction litigation lawyer. Chris Villemarette, Trial Lawyer, can help. He has extensive experience in handling complex construction litigation claims, including high-value breach of contract cases. He can help you, too. Contact the firm to schedule an initial consultation today.