Construction Defects and Disputes in Cleveland, Ohio

Construction defects and disputes can turn the excitement of a new home or renovation project into a nightmare for homeowners and contractors alike. When issues arise involving the quality of work, materials, or design, it’s crucial to have an experienced construction-defect attorney on your side to protect your rights and interests.

At Cavell Law, our attorney has been helping clients in Cleveland, Ohio, and the surrounding areas with construction defect cases for years. We understand the challenges and legal issues involved in these disputes, and we have the skills and resources to help you find the best possible resolution.

If you’re dealing with a construction defect or dispute, don’t wait to seek legal help. Contact Cavell Law today to schedule a consultation.

Construction Defects and Legal Issues in Cleveland, Ohio

Construction defects refer to any deficiency or failure in the design, materials, or workmanship of a construction project. These defects can range from minor cosmetic issues to major structural problems that compromise the safety and integrity of a building.

Some common examples of construction defects include:

• Cracks in foundations or walls
• Leaky roofs or windows
• Electrical or plumbing issues
• Improper drainage or grading
• Inadequate insulation or ventilation
• Basement water backups

When construction defects occur, disputes often arise between homeowners, contractors, subcontractors, and other parties involved in the project. These disputes can lead to costly delays, repairs, and legal battles.

That’s where the experienced construction defect attorney at Cavell Law comes in. We can help you with contracts, warranties, and legal issues to find a resolution that protects your interests.

Types of Construction Defects

There are several types of construction defects that can give rise to legal claims. Some of the most common include:

Design Defects

Design defects occur when the plans or specifications for a construction project are inadequate or faulty. This can include issues with structural engineering, non-compliance with building codes, or failure to consider site-specific conditions. When design defects cause problems with the finished project, the architect or engineer may be held liable.

Material Defects

Material defects involve the use of inferior or defective building materials that fail to meet industry standards or are improper for the specific application. For example, using low-grade lumber or improperly mixed concrete can lead to structural issues down the road. Manufacturers and suppliers of defective materials may be responsible for resulting damages.

Workmanship Defects

Workmanship defects refer to the poor quality of work performed by contractors or subcontractors. This can include failure to follow design plans, improper installation techniques, or simply sloppy work. When workmanship defects cause problems, the responsible contractor may be liable for breach of contract or negligence or a Consumer Sales Practices Act (CSPA) claim.

Subsurface Defects

Subsurface defects involve issues with the soil or foundation of a construction project. These can include inadequate soil preparation, poor drainage, or failure to address underground water sources. Subsurface defects can lead to major structural problems if not properly addressed during construction.

Construction Defect Claims and Litigation

When construction defects cause harm, several legal theories may apply to hold the responsible parties accountable. Some common claims in construction defect cases include:

• Breach of Contract: When a contractor fails to perform work according to the terms of the construction contract, they may be liable for breach of contract damages.
• Negligence: Contractors and other professionals involved in a construction project have a duty to exercise reasonable care. If their negligence causes defects or damages, they may be liable.
• Breach of Warranty: Many construction contracts include express or implied warranties guaranteeing the quality of work. If defects occur that breach these warranties, the responsible party may be liable.
• Strict Liability: In some cases, parties may be held “strictly liable” for defects, meaning they are responsible regardless of fault. This often applies to manufacturers of defective products used in construction.
• Consumer Sales Practices Act: this is where a consumer can sue for three times their damages and attorney fees, plus a statutory fine of Five Thousand Dollars ($5,000.00) for shoddy workmanship or the like.

Under Ohio law, there are specific statutes of limitations for filing construction defect claims. Ohio Revised Code Section 2305.131 provides a ten-year statute of repose for claims related to defective and unsafe conditions of an improvement to real property. However, shorter statutes of limitations may apply depending on the specific type of claim being asserted.

When construction defect claims result in litigation, expert witnesses are often critical to proving the existence and cause of the defects. These experts can include engineers, architects, and contractors who can testify to the standard of care and the extent of the damages. Plaintiffs in construction defect cases may be entitled to recover various types of damages, including the cost of repairs, loss of use or value of the property, and consequential damages such as temporary housing costs.

Resolving Construction Defect Disputes in Cleveland, OH

When construction defects arise, there are several methods for resolving the resulting disputes. Some options include:

Negotiation and Settlement

In some cases, the Parties may be able to resolve the dispute through direct negotiations or with the assistance of a neutral mediator. This can involve exchanging settlement offers, discussing repair options, and ultimately reaching a mutually acceptable agreement. Settlement can often provide a faster and less expensive resolution than litigation.

Alternative Dispute Resolution (ADR)

Many construction contracts include provisions requiring the parties to submit disputes to alternative dispute resolution, such as arbitration or mediation. In arbitration, a neutral third-party arbitrator hears evidence and renders a binding decision. Mediation involves a neutral mediator facilitating settlement discussions between the parties. ADR can offer a more streamlined and confidential process than litigation, but it may not be appropriate in all cases.

Litigation

When other resolution methods fail, litigation may be necessary to resolve construction defect disputes. This involves filing a lawsuit in court and proceeding through the formal legal process of discovery, motions, and trial. Litigation can be a lengthy and expensive process, but it may be the only option for resolving difficult or high-stakes disputes.

Protecting Your Rights in Construction Defect Disputes

If you are involved in a construction defect dispute, there are several steps you can take to protect your legal rights and interests:

• Review Your Contract: Carefully review your construction contract to understand your rights and obligations, including any warranties, dispute resolution provisions, or limitations on liability.
• Document Everything: Keep detailed records of all communications, agreements, and work performed related to the construction project. This can include contracts, change orders, invoices, photos, and correspondence.
• Act Quickly: Be sure to promptly notify the responsible parties of any defects or issues that arise, and take steps to mitigate your damages. Be mindful of applicable statutes of limitations for asserting legal claims.
• Consult with an Attorney: Construction defect disputes can be complex, so it’s important to consult with an experienced attorney who can advise you on your legal rights and options for resolution.

At Cavell Law, our attorney has extensive experience representing homeowners, contractors, and other parties in construction defect disputes throughout Cleveland and the surrounding areas. We can review your case, advise you on your legal options, and work tirelessly to achieve a favorable outcome through negotiation, alternative dispute resolution, or litigation.

Ohio Construction Law and Regulations

In addition to general legal principles, construction defect disputes in Ohio are governed by various state laws and regulations. Some key provisions include:

• Home Construction Service Suppliers Act: This law (Ohio Revised Code Chapter 4722) provides certain protections for homeowners contracting for home construction services, including required disclosures and contract provisions.
• Consumer Sales Practices Act (CSPA): This law (Ohio Revised Code Chapter 1345) provides remedies for shoddy workmanship that include three times your damages, attorney fees, and a statutory fine of Five Thousand Dollars ($5,000.00).
• Implied Warranties: Ohio law recognizes implied warranties of workmanship and habitability in construction contracts, meaning the work must be performed in a workmanlike manner and the finished product must be suitable for its intended purpose.
• Contractor Licensing: Contractors performing certain types of work in Ohio must be licensed by the Ohio Construction Industry Licensing Board (OCILB) and follow applicable regulations and standards.
• Building Codes: Construction projects in Ohio must comply with applicable state and local building codes, which set minimum standards for design, materials, and workmanship.

Navigating these legal requirements can be challenging, so it’s important to work with experienced attorney who understand Ohio construction law and can advocate for your rights.

Frequently Asked Questions

Who is responsible for construction defects?

Responsibility for construction defects can depend on the nature of the defect and the role of the various Parties involved in the project. Potentially responsible Parties may include the architect or engineer, general contractor, subcontractors, suppliers, or manufacturers of defective products. In some cases, multiple Parties may share liability for the defects.

What legal claims can be asserted in a construction defect case?

Depending on the circumstances, a variety of legal claims may be available in a construction defect case, including:

• Breach of contract, when a party fails to perform according to the terms of the construction agreement
• Negligence, when a party fails to exercise reasonable care in the design or construction process
• Breach of warranty, when the finished work does not meet express or implied quality guarantees
• Strict liability, when a defective product is used in the construction
• CSPA violations

Is there a time limit for filing a construction defect claim in Ohio?

Yes, Ohio law sets specific deadlines, known as statutes of limitations, for filing construction defect claims. In most cases, a claim must be brought within four years of the date the defect was discovered or should have been discovered but no later than ten years after the completion of the construction project. It’s important to consult with an attorney as soon as possible to preserve your legal rights. Don’t wait until it’s too late!

Get the Legal Help You Need for Your Construction Defect Dispute

At Cavell Law, we pride ourselves on providing skilled, aggressive representation for our clients in Cleveland and throughout Ohio.

We’re committed to providing the knowledgeable, experienced legal representation you need to protect your rights and achieve a successful resolution.

Our real estate litigation attorney has a deep understanding of Ohio construction law and a proven track record of success in handling construction defect cases. Whether you’re dealing with design defects, material defects, workmanship issues, or subsurface problems, we have the skills and resources to help you find the best possible solution.

Don’t let a construction defect dispute jeopardize your home, your business, or your financial future. Contact Cavell Law today.