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Defending against alleged construction defects

On Behalf of | Dec 3, 2022 | Construction Litigation

Construction is one of the most heavily litigated industries. Mississippi has specific legislation that protects both the claimants and defendants. If you choose to dispute a claim, you must have a proper defense.

Properly defending your construction company from an alleged construction defect claim is crucial. Your business relies on its reputation, and fighting back can protect the company from financial disaster.

Spearin doctrine

United States v. Spearin is a famous case in construction law. The Supreme Court decided that the contractor is not liable for design defects in plans provided by the owner. There is an implied warranty to any plans supplied by the hiring party. To prove such a case, you must demonstrate that the plan’s defects caused the project’s failure.

Insufficient cause

Conversely, deviating from the design does not automatically make you liable for construction defects. If you choose to use different insulation, and there is an insulation issue, you might have liability. However, if an investigation reveals that a window installer caused the leak, it does not necessarily matter that you did not follow the design plan.

Late payments

Failure to pay is a valid defense against construction defects. If the owner does not pay according to the contract, you might be able to discharge your obligations to repair any defects. Usually, the case is more potent if the owner fails to pay in the beginning stages of construction.

Alleged construction defects against your company might seem impossible to overcome. However, several legal precedents protect construction companies from unfair allegations. An attorney experienced in construction litigation can help determine the best course of action for your defense.