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Construction defects and your residential real estate project

When construction defects take over your real estate transaction and put you in a troubling position, who's to blame for the errors that took place? In a normal situation, the construction defect case will be based on the contract you have with the developer of your real estate. The developer also may have subcontractors and others working for him who will also be under contract and could be held liable for certain errors or delays. Manufacturers of equipment can also be held liable for some defects in the case that machinery broke down due to defective parts.

In all cases of defects in South Carolina, the idea is that the group responsible for the defect should be the one to pay for that defect. So, if the construction team caused wood to split, the wood should be replaced by the team. If a mechanical error causes harm, the person who was responsible for repairs or maintenance may be responsible.

Negligence during the building of a house could result in a construction team being sued. For example, if other contracted parties wouldn't have had trouble with the same situation that has resulted in danger or defects, it could be shown that the construction team was undertrained or negligent in their actions during building.

On top of that, it's important to know that if you hire a developer, the developer is also responsible for the negligence of their subcontractors. As a real-estate owner, you don't have to try to go after those hired in by the developer, as they should be the only ones you need to hold accountable. If you have questions about your legal standing during a liability-related situation, speaking with someone familiar with real estate law could help.

Source: FindLaw, "Legal Liability for Construction Defects" Nov. 19, 2014

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