Civil suits differ from typical court cases; rather than the police arrest someone for breaking criminal law, this type of suit occurs when people ask the court to help settle an argument. If you have been wronged from construction defects or property damages, you have the right to seek compensation.

Basics of Property Damage

In the United States, “property damage” refers to damage that occurs to personal property. This can include damage dealt to cars, homes and gardens alike. The injury might be intentional, as a result of negligence, as well as forces of nature like earthquakes, and the end result is property damage.Cause for harm is not always inherently clear. Sometimes, real damages may be due to natural forces like lightning, but the real cause can be negligence if a person left something outside that belonged indoors. Property damage can also be intentional but done without malice. For instance, a child locked inside of a home may prompt someone to rescue him by breaking the window, causing damage but with an ulterior goal.

In either case, the owners of a damaged property are typically entitled to receive some compensation for the repairs. Circumstances that surround the situation will be taken into consideration.

Construction Defects

When purchasing or selling a home, realtors and homeowners are often concerned about construction defects. This is a condition that occurs due to mistakes the builders made or due to poor construction materials. Depending on the exact problem that is occurring, this can make a home less valuable for the market or even make it unsafe to live in the home.

Defects in construction are very varied because of how many possible mistakes and bad materials could come into play. There can be problems with heating, electrical failure or structural failure, as well as crash in the foundation and dry rot. Defects also occur outside the home, such as mold, bad drainage and issues with landscaping.

There are two primary types of construction defect: patent and latent.

  • Patent problems are quite evident and obvious.
  • Latent problems, on the other hand, are invisible until later. For example, a homeowner may not realize that the basement is prone to leaking and flooding until the first bout of heavy rain occurs.

What to do

If you find construction defects in your home, you can file a claim to correct the problem. An investigation will occur, and you may be able to earn some compensation depending on what caused the problem. Recovery can include the money to repair the problem as well as compensation for lost monetary value. It is also possible to have other fees repaid, such as for temporary housing, attorney fees and costs of the court. The insurance company will generally pay this out.

You may file a civil suit in the event of property damage. A thorough investigation will be launched, and you will need to provide as much evidence as you can if the property damage was intentional.