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Wilbraham, Lawler & Buba, P.C.
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  5. Managing claims of improper home construction

Managing claims of improper home construction

On Behalf of Wilbraham, Lawler & Buba, P.C. | May 31, 2023 | Construction Defense

Construction is a complex process, and issues can arise even when home builders exercise the utmost care.

There may come a time when a homeowner files a claim stating that the builder made mistakes when building their home. In these instances, the home builders must respond in a manner that protects their interests while addressing the homeowner’s concerns effectively.

Understanding the claim

Before responding, home builders need to thoroughly understand the claim. They must take the time to review the specifics of the claim, examining the reported problems in the context of the original plans and specifications. In-depth knowledge about the alleged defects will guide the subsequent steps.

Immediate actions for home builders

A builder should never ignore or brush off a homeowner’s claim. Home builders must acknowledge the claim promptly, documenting the communication and ensuring that they maintain open lines of communication. A swift and professional response can go a long way in preserving the relationship with the homeowner and may provide a foundation for resolution.

Thorough inspection of the alleged defects

A thorough inspection of the alleged defects is a critical step. Home builders should conduct an on-site visit to assess the reported issues directly. This visit can provide first-hand information about the problem and can help determine whether the claim is valid. If necessary, home builders should involve construction experts or inspectors to gain a better understanding of the issue.

Addressing the claim

If the claim is valid, home builders should take responsibility for the error and propose a plan to rectify the situation. This could involve repairing the defect, modifying the construction or, in some cases, providing compensation for the homeowner to have the issue fixed. It is important that the home builder’s actions reflect a commitment to quality and customer satisfaction.

If the builder finds the claim is not warranted, the home builders must communicate this clearly and professionally to the homeowner. They should provide a detailed explanation supported by evidence from the inspection and any relevant construction documents.

Dealing with insurance

Insurance can play a significant role in resolving construction defect claims. If the home builder’s insurance policy covers the alleged defect, the home builder should notify the insurance company promptly. The insurer will then investigate the claim and determine whether to cover the repair costs.

By understanding the process and knowing the appropriate steps to take, home builders can effectively manage the stressful situation of homeowner construction defect claims.

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