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Construction Defects Law

Construction Defects Law: Water Damage

This Blog was brought to you by the Brian Woods Law Firm, your San Antonio Construction Defects Lawyer

Construction Defects Law: Water Damage

When the Walls Weep: How a Construction Defect Attorney Handles Water Intrusion Cases
Water intrusion is one of the most common and concerning construction defects homeowners face. Leaks, roof deficiencies, drainage problems, and foundation cracks allowing water infiltration can lead to a cascade of issues, including mold growth, structural damage, and decreased property value. If you’re experiencing water intrusion in your home, a construction defect attorney can be a valuable ally in seeking compensation for repairs and damages.

Building Your Case: Evidence Gathering

The first step for your attorney involves gathering evidence to prove the water intrusion is a result of a construction defect, not wear and tear or improper maintenance on your part. This may involve:

Documentation: Providing copies of purchase agreements, building plans, and any warranties offered by the builder or developer.
Visual Evidence: Photographs and videos documenting the water damage, leaks, cracks, and any visible signs of faulty construction.
Expert Reports: Hiring qualified inspectors and engineers to evaluate the source of the water intrusion and identify construction defects. These reports will be crucial evidence in your case.
Maintenance Records: Demonstrating you’ve properly maintained your home, including roof cleaning, gutter clearing, and foundation inspections, to rule out neglect as a cause.
Negotiation or Litigation?

Once a strong case is built, your attorney will explore your options. In some instances, negotiation with the builder or developer might be an efficient solution. Your attorney will present the evidence of the defect, the resulting damages, and propose a fair settlement amount for repairs and potential compensation for the diminished value of your home.

However, if the builder or developer is unwilling to negotiate a reasonable settlement, your attorney will be prepared to file a lawsuit. This process involves:

Filing a Complaint: The formal document outlining the alleged construction defect, the resulting damages, and your legal claims against the responsible parties.
Discovery: A phase where both sides exchange information and potentially interview witnesses with knowledge of the construction process or the history of water intrusion in your home.
Mediation: An attempt to reach a settlement outside of court with the help of a neutral third party mediator.
Trial: If mediation fails, your attorney will represent you in court, presenting evidence and arguments to a judge or jury to obtain a favorable verdict.
Damages You May Be Entitled To

A successful water intrusion case can result in compensation for various damages, including:

Repair Costs: The cost of repairing the water damage, including structural repairs, mold remediation, and replacement of damaged finishes.
Diminished Property Value: The decrease in your home’s market value due to the water intrusion and potential for future problems.
Loss of Use: Compensation for any period during which your home was uninhabitable due to the water damage and repairs.
Out-of-Pocket Expenses: Reimbursement for temporary housing costs, additional cleaning services, or other expenses incurred due to the water intrusion.
The Importance of Early Action

Water intrusion problems can worsen over time, leading to more extensive damage and higher repair costs. If you suspect a leak or water infiltration in your home, don’t hesitate to contact a construction defect attorney. Acting promptly allows for quicker evidence collection, prevents further damage, and strengthens your case for obtaining compensation.

Beyond Legal Advocacy

A good construction defect attorney goes beyond just legal representation. They can also:

Guide you through the repair process: They can help connect you with qualified contractors and ensure the repairs address the underlying defect.
Deal with insurance companies: They can advocate for you in dealing with your homeowner’s insurance company regarding coverage for the water damage.
Provide emotional support: Dealing with construction defects can be stressful. Your attorney can be a source of guidance and reassurance throughout the process.
Water intrusion can be a major headache for homeowners, but you don’t have to face it alone. A construction defect attorney can be a powerful advocate in your fight to hold builders accountable for faulty construction, obtain the repairs you deserve, and ensure a dry and healthy living environment for your family.

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