So, you have foundation structural damage and you want to sue?

So, you have a structural issue with your property and you want to get it fixed. 

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You've probably already reached out to your contractor and realtor for help with no success. And now you're thinking about suing. 

Structural defect cases are complex for several reasons - liability, damages, and collectibility. 

First, you have to determine what caused the damage. If you recently purchased the property, then you want to check your home inspection report to determine if the home inspector caught the damage. If they missed it, then you'll be able to recover the costs of your inspection in most cases, which is very upsetting considering you wanted peace of mind. 

Second, you're going to need to get an estimate on the repairs. So many people think... "Well, my foundation is damaged, and I need to get it fixed," but they forget to get an Estimate. Getting an Estimate of the costs of repairs helps your case. It'll help your attorney evaluate the case and the insurance adjuster, if necessary. 

Next, having an Estimate from a qualified and reputable contractor is the first step to having an expert on your side. We've handled cases where the "Expert" was a three-time convicted criminal and a druggy. And no one believed a word that he said. A qualified and reputable expert will help you prove the "liability" and "damages" portion of your case. They will be able to tell you that your structural damage was caused by ______. And they'll usually prepare a report to go along with their testimony. 

Next, you're going to want to make sure that you document everything. Ideally, you would want to be able to create a "pre-damage" image of the property to compare it to the "post-damage" images. In most cases, this is impossible, so we recommend that you periodically take photos after the damage has occurred to identify changes or a worsening of the condition. 

Last, is Insurance Coverage. Once you have all of the above information, you'll want to submit it to the wrongful party's insurance carrier. Insurance is a complex animal in and of itself. Many insurance carriers believe in the "delay, deny, and defend" motto, which makes recovering quite the issue. And depending on your Expert's report, it will determine how many people need to be sue, which includes but is not limited to the Civil, Structural, and Mechanical Engineer; the General Contractor and all of the subcontractors; the owner and seller of the property; and anyone who manufactured faulty parts. 

Contact Our Experienced Construction Defect Attorneys Today

If you are looking for guidance on your Construction Defect case give us a call at 740.346.2899 or click here to schedule a consultation.