Category: Blog

Construction Defects and Their Legal Liability

Construction Defects and Their Legal Liability

The aim of a construction defect case is to necessitate the responsible party to rectify and correct the defect. Usually, any complaints against defendants claim breach of warranty, breach of contract, negligence or strict liability.

Most common cases of construction defects are established on the contracts that exist between the developer and the homeowner or the contracts between the contractor and their subcontractors involved in the construction of the home. These include engineers, suppliers, and architects.

Negligence

Under the law, the general contractor, developer or subcontractor is obligated to employ a certain degree of knowledge, skills and care that are normally employed by building professionals. This duty of care includes all parties who could possibly be injured or aggrieved by the construction defect, as well any future purchasers. The parties answerable for the irresponsibility of their subcontractor are the general contractors and developers.

Breach of Contract

A homeowner is able to sue the developer or builder under privity of contract theories. These include breaches of obligation stated in the documentation of the purchase and/or any instructions for escrow. This normally surpasses a failure on the part of the builder to construct the home in a manner conforming to the specifications and plans.

Breach of Warranty

Most often, the purchase documents between the homeowner and the developer state a warranty in regards to the property’s condition.
The law states that the individuals that build and sell new construction need to be held responsible to what is stated in the warranty, and that the finished property was both designed and built in an acceptable manner, with high-quality workmanship. Builders and vendors are subjected to the supposition that the property built was constructed to be sold, and should be used for a certain purpose.
Homeowners are able to waive, and builders may deny implied warranties in some states. If there is a disclaimer included, they are interpreted against the developer or seller. In most cases, it’s hard to enforce a waiver.

Strict Liability Claims

The implied warranty of habitability inflicts a stern liability on the general contractor. This theory that opposes a general contractor states that there is no need for them to prove the developer or general contractor was neglectful of the home’s construction. The plaintiff does have to claim the defendant was included in the existing defect of the home, that damage was caused by the defect and also that the defendant created or cause the defect.Construction Defects

Have Your Construction Defect Claim Reviewed by a Construction Lawyer

It’s a big responsibility to own a home, as it carries with it ongoing maintenance costs and concerns. The last worry that needs to be on your mind is a construction defect which was caused due to negligence by another party. If you think that your home’s defect is the consequence of someone else’s negligible actions, you should think about filing a claim. You can have your claim reviewed by an experienced construction lawyer and get some peace of mind.

Fighting for Child Custody – A Battle with Variables

Imagine sitting down and talking to a mother who fears she will lose her children to her husband who makes a lot of money and has a good community reputation, but is secretly verbally abusive. As a mother, you want to keep your children away from the abuse even if it means the children’s quality of life will decrease after divorce. Or, imagine you are a well-educated father who spends many hours at work and wants custody of his children so they can remain in the same school district and keep the routine with which they are familiar.

Children are people, but sometimes they are treated like possessions in a divorce or visitation dispute. When a couple divorces, a custody battle outlines the legal framework for who will become the child’s dominant parent based on the best interest of the child. Each parent has certain legal rights, but additional rights may be given to a single parent. A cultural norm has traditionally favored mothers as the custodial parent, but that is changing. Fathers are fighting for longer visitation or to be the custodial parent.

The Law Office of Steven C Benke represents mothers and fathers on many child custody issues including military divorce, visitation rights, and modification of visitation rights. Culture is shifting, and while some attorneys may not recognize a father’s desires to be the custodial parent, Steven C. Benke is prepared to fight for fathers who would represent the best interest of the child. Ultimately, the Law Office of Steven C. Benke designs a custody agreement that represents the best interest of the child first, yet is fair for both parents.

Every case is unique and the variables surrounding divorce and lifestyle heavily influence court decisions in child custody cases. Experienced attorneys have an obligation to their clients, but also to the children who often do not understand the proceedings. As courts balance the needs of children with parents’ legal rights, attorneys do their best to prepare information that helps the custody process.

The Law Office of Steven C Benke knows parenting extends beyond reading books, changing diapers, making meals, and helping with homework. The parent who represents the child’s best interest is more than a lifestyle provider; he or she is a nurturer and will provide children with a meaningful existence. Protecting the rights of parents and the interests of children is a specialty of the Law Office of Steven C Benke.

Steven C Benke is an experienced San Antonio Divorce Attorney who is willing to stand up and fight for fairness for mothers, fathers, and most importantly, for children. Steven C Benke, San Antonio Divorce Attorney specializes in divorce and child custody. If you are fighting for custody, want to have visitation rights amended, or are in a military divorce where children are involved, contact his office at (210) 308-0004 today.

Motorcycle Accidents: What Should You Do and Not Do?

It only takes a split second for an accident to happen on the road. Accidents are particularly dangerous for motorcyclists who are exposed to the elements and lack the structural protection provided by cars. Too often, motorcycle injuries are caused by other drivers who are not consciously looking for motorcycles and cause an accident due to negligence. This is a phenomenon known as inattentional blindness; individuals fail to notice a fully-visible object.

At San Antonio Legal Expert can provide advice on what should and should not be done after a motorcycle accident.

Here are some things to do:

Call 911. Accidents need to be investigated and medical care may be necessary.

Talk to the investigating officer. Police will need to know what happened and who was involved. Be honest about the accident and provide as much information as possible. Details can be forgotten over time.

Take pictures of damage and record names of witnesses. Pictures tell a better story when verbal descriptions fail. Take pictures and record names of witnesses; this will help lawyers build a stronger case.

Notify your insurance company. This starts the claims process and demonstrates the driver is timely and responsible. If possible, avoid giving a statement until consulting with an attorney.

See a doctor immediately. Delaying medical care can hurt your defense, and doctors will record all injuries and pain related to the accident.

Keep all receipts and paperwork related to the accident and medical treatments.

You should not:

Speak to others at the scene about the accident. Unless it is to the police, making statements is admissible and can hurt your case.

Give a statement to anyone without consulting an attorney first. It is possible to be tricked into making a statement to another party’s attorney or an adjustor. Do not make apologies. Talking too soon may cause speculation about the accident.

Talk to someone representing a law firm claiming they want to represent you. Don’t trust lawyers that visit your home or the hospital. Chances are they will not represent your interests, and it is unethical.

Refuse to see a medical professional or skip treatments recommended by a doctor. Pain experienced later may be associated to the accident. Avoiding medical care or skipping treatment opens up doubt on whether injury is related to the accident.

Post about the accident or embellish it on social media. This can be used against a claim.

It is important to call an experienced legal expert to better understand motorcycle injury laws. Protect yourself, get compensated, and call an experienced personal injury attorney today.