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The basis for faulty workmanship claims

by | Mar 26, 2021 | Construction Law

Although we often do our research on which company we want to perform our construction project, not everything may work out as planned. There may be parts of the project that do not meet our expectations. One reason could be because of faulty workmanship. If you hire someone to perform a project for you, you are trusting them to perform the work in accordance with your agreement and industry standard. If you feel the contractor you hired did a subpar job, you may be able to file a faulty workmanship claim.

McDonald & Kloth, LLC can help you with your faulty workmanship claims

What is faulty workmanship?

In short, faulty workmanship involves a contractor performing subpar work on a construction project. Their work may not follow the safety standards, or the standards set forth in the construction contract or construction industry in general.

Under contract law

Faulty workmanship claims may have a place under contract law. Contract law involves breach of contract lawsuits. In the event that contractors are not fulfilling their end of the contract, a claim for breach of contract may be filed.

Under tort law

Faulty workmanship claims also may have a place under tort law. Tort law involves an injury to person or property as a result of negligence or violation of statute. If a contractor’s faulty workmanship causes accidental injury or damage to person or property, that person may have a claim under tort law by claiming negligence.

Steps that need to be taken

As a consumer, the first step taken if you are going to follow a claim is to notify the contractor of the faulty workmanship. Under Wisconsin’s Right to Cure Act, contractors get a chance to remedy the problem before a claim can be filed. If the contractors do not choose to remedy the problem or do not respond, a consumer may proceed with a faulty workmanship claim.

Construction lawyers can help

If you feel you have a solid basis for a claim, you should contact a construction lawyer. Construction lawyers can help you make sure that all the proper steps are taken to file the claim in your state. The attorneys at McDonald & Kloth, LLC have experience in faulty workmanship claims and can help you. Contact our attorneys at 262-252-9122 to schedule an initial consultation.