Legal Question in Construction Law in Delaware

Dear Concrened Homeowner: You may have a great contract claim against your roofer, for breach of contract, poor workmanship, etc. The sttute of limitations in your state will probably be far in excess of the roofer's useless warranty.

Here's a page from my publication: "LEGALLY SPEAKING" -

CONSTRUCTION DEFECTS AND CLAIMS.

By: J. NORMAN STARK, ATTORNEY, ARCHITECT EMERITUS, A.I.A., N.C.A.R.B.

Evaluating construction defects and claims requires technical experience. The facts and laws applicable to claims also require detailed knowledge to evaluate cause and effect, to a high degree of reasonable certainty, even before damages may be considered. Any property owner, tenant, or any person adversely affected or injured by latent or patent construction defects, should immediately obtain experienced and expert technical professionals to provide evaluation and guidance, before undertaking any �Self-help� remedy or repair. Careful investigation of construction claims can yield valuable information, otherwise not discovered, or even overlooked, or hidden from view.

A construction defect is any defect or damage which may be attributed to improper or inferior construction materials, methods, maintenance, and/or management. The legal definition of a construction defect is quite complicated, but the basic standard generally applied is: Is it reasonable? And, unlike any TV WHODUNIT? , proper detection is material to resolution and recovery.

Defects in any construction project present a critical challenge, since defects may be the result a complex variety of causes, many of which may be latent (hidden) or previously covered with other materials or even encased in concrete! Determining whether a cause is the proximate cause, i.e. the most directly-related cause, is a vital, elementary step, since once agreed that a construction defect exists, it is essential to develop a strategy to determine who, or what, is responsible, and who shall bear the cost to cure, repair, and pay for damages.

A construction defects expert, Architect, Engineer, or other individual or team selected, should be consulted to evaluate the problem and advise the nature, extent and cost of repairs. Next, unless the responsible person or party is willing to complete and pay for the expense of proper, necessary repairs, a Construction Attorney should be consulted to assist in an amicable resolution, if possible. Frequently, owners may resort to their own insurance coverage for remediation of the damage and repair costs, with the assistance of an insurance appraiser for significant damage cases.

When a construction defect is detected, and presents or creates a suspected, dangerous situation, or the premises become uninhabitable because of the construction defect, DO NOT expose any persons, pets, or valuable property to such dangers, risk, or harm, without immediately taking the proper steps to secure the site, to ensure the safety and survival of all persons and property concerned.

Experienced legal counsel can help you avoid costly mistakes; legal counsel doesn't cost, it pays. And, where experience counts, count on experience.

Contact and retain an experienced construction Lawyer for sadvice and assistance in pursuing your claims. Good luck!

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�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�

J. NORMAN STARK, ATTORNEY*

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Cel.:(216) 310-7100 Email: [email protected]

*Author: The Construction Claims Investigation Worklist�

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