Generally speaking, a construction defect is an imperfection that leads to the failure of a building component. This imperfection can be caused by improper installation, faulty design, subpar materials, or a combination of the three. A construction defect claim, in which the owner of the building locates a deficiency in the building’s design, workmanship, or materials, can pose a threat to you and your business even years after the project has been completed.
If not handled properly, defect claims can seriously damage the reputation of your business. This is why, if your construction company has been accused of a construction defect, you may want to contact a Montreal construction attorney as soon as possible.
Discuss Your Case With a Montreal Construction Lawyer
At Cotney Canada, we understand the different forms a construction defect can take. If a construction defect claim has been filed against your business, you may want to contact a Montreal construction lawyer as soon as possible, as it is preferable to get as much time as we can to assess your situation and build a case.
First, we’ll determine the cause of the alleged defect. Defects can occur in all types of structures and are not necessarily the result of your poor workmanship. There are many factors that could have resulted in a defect, such as site selection and the claimant’s negligence. Some common construction defects we come across on a regular basis include the following:
- Faulty doors and window seals
- Structural misalignment
- Foundation displacement
- Poor drainage
- Faulty roofing
- Cracked foundation
- Drywall issues
- Heating and cooling imbalance
- Mould intrusion
- Masonry defects
Limitation periods can vary by subject matter. However, in Quebec, the general limitation period for civil action is three years from the date the cause of the action arises or becomes known. If a lawsuit has commenced and the limitation period has expired, a contractor can try to have the lawsuit dismissed by the court. That being said, the type of claim, the property involved, the relief being sought, and the particular situation of the claimant may all play a role in determining which limitation period applies. To ensure your rights are rightly assessed and defended, you may want to consult an attorney.
Building a Defence For Your Case
If you feel that you are not responsible for the construction defect in question, a Montreal construction lawyer can build the defence for your case. We’ll review the specifics of your case and the nature of the construction defect claim, help you to compile the appropriate documentation, and prepare the legal procedures and the hearing. We’ve represented clients in both alternative dispute resolution processes and litigation, and we are prepared to guide you through your dispute as efficiently as possible.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.