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Construction Defect Claim Handling Process

Understand the Essentials of the Construction Defect Claim Handling Process

Facing a construction defect in your home can be devastating news. If you are like many people, owning a home is dream come true. Moreover, your residence is likely the most significant investment you will make in your lifetime.

Unfortunately, home construction defects are more common that you may realize. If you have discovered a construction defect in your home, you need to understand your legal rights. Moreover, you need to understand the essential elements of the construction defect claim handling process.

An experienced attorney, like a member of the legal team at The Doan Law Firm at (800) 349-0000, can assist you in better understanding the construction claim handling process. In fact, you best protect your legal rights when asserting a construction defect claim by hiring a skilled, tenacious attorney.

Identifying the Responsible Party or Parties

The first element you need to understand about the construction claim handling process is the vital necessity of identify any and all parties responsible for the issue. This can be a complicated task. For example, determining who may be responsible for a construction defect necessitates an understanding of applicable law in the state of your residence. This underscores the need for a construction defect claim lawyer, like a member of the legal team at The Doan Law Firm. The reality is that when it comes to a construction defect issue, you actually may end up pursuing multiple claims.

The potential responsible parties in a construction defect matter can include any number of individuals or companies. Examples of possible parties in a construction defect situation include:

  • developers
  • contractors
  • sub-contractors
  • material suppliers
  • design professionals (including architects)

On the surface, the list of potentially responsible parties may seem slim. However, the reality is something entirely different. The number of sub-contractors on a single residential construction project easily reaches double digits.

Gathering Evidence and Supporting Documentation

As a prelude to the construction defect claim process is the need to gather evidence and documentation. This need to be done sooner, rather than later, for a host of reasons. First and foremost, you must be prepared to document the losses outlined in a claim.

The need to gather evidence and documentation additionally underscores the need for legal representation. Our attorneys understand the ins and outs of gathering evidence and documenting a construction defect claim.

Filing a Construction Defect Claim or Claims

State law and the provisions of an applicable insurance policy, or policies, dictate the manner in which a construction defect claim is to be filed. You just be certain to comply with both the mandates of law and the requirements of an insurance policy. This includes making certain that a claim is filed in a timely manner.

The reality is that many claims end up denied by insurance companies based upon a contention of the insurer that they are not properly filed or submitted in a timely manner. This represents another aspect of the overall construction claim handling process in which a skilled lawyer can be invaluable to you.

Investigation by Insurance Company

A major part of the overall construction defect claim handling process is the investigation of the matter by the insurance company. Insurance companies are notorious for dragging out investigations of claims for what prove to be unreasonable periods of time. They undertake such a strategy as means of wearing down a claimant like you, in hope that a low dollar settlement will be accepted.

A seasoned construction defect claim lawyer understands this practice within the insurance industry. A lawyer knows what to do to counter this type of inappropriate, and sometimes even illegal, conduct by insurance companies.

Settlement or Denial of Claim

Ultimately, the construction defect claim handling process reaches a juncture at which the insurer denies the claim or offers some sort of settlement. Oftentimes, the first settlement proposal by an insurance company will be low-balled.

If an insurance company denies a construction defect claim, you have options at that juncture that include taking legal action in the form of a lawsuit. You really need the assistance of an experienced lawyer to navigate these waters.

The Doan Law Firm Attorney Fee Promise

The Doan Law Firm has a simple promise to you in regard to attorney fees. We do not win, you pay nothing. You pay no fee in your case unless and until we obtain a favorable settlement or judgment for you.

The Doan Law Firm hotline at (800) 349-0000 is staffed 24 hours a day, 365 days a year. We are a nationwide firm and can schedule an initial consultation with you at any one of our offices, at your home, or even via a virtual appointment online. There is no charge for an initial consultation.

Contact an Experienced Personal Injury Lawyer

After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.

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