Understanding Construction Defect Litigation

If a Missouri construction job defect causes you or a loved one to suffer personal injury or property losses, you should seek counsel immediately. Call our construction defect law firm. The Hershewe Law Firm, P.C. can help and wants to be your advocate.

Missouri construction defect litigation

If you need to file a lawsuit as a result of a construction defect in Missouri, meet with us. In our initial consultation, we can guide you step by step through the specifics of the construction defect litigation process.

Whatever actions you and your construction law attorney decide to take depends on the type of construction defect affecting you, the facts of your case, and Missouri state laws. In a case involving personal injury resulting from a construction defect, we will most likely help you pursue compensation for past and future medical expenses, pain and suffering, lost wages, and other damages.

Construction defect injury claims generally fall into four categories:

Breach of express warranty, in which the warranty in the construction contract was broken by the seller, builder, or other contracted party
Breach of implied warranty, in which the newly-constructed building was not properly built for habitation
Negligent construction, which means the homebuilder did not construct the building in a reasonable manner, breaching his obligation to the homebuyer
Fraudulent concealment of a known defect, which means that the seller, builder, or other party failed to notify the buyer of a known, harmful defect

Meeting to discuss your losses from Missouri construction defects

Construction liability is the part of Missouri personal injury law that addresses construction site accidents and resulting injuries. When you meet with us to discuss your case, we determine if it is appropriate to pursue a Missouri construction defect liability case by:

Identifying the defect that has become a problem to you
Determining injuries or costs resulting from the defect
Identifying causality (did the defect cause the damage or injury?)
Determining any potential defendants
Determining their responsibility by law to not do what they did
Identifying the defect as a result of construction law violation.

Once this is done, if we agree to take your case, we move forward to the next steps, which generally include—

Filing the complaint
Answering the complaint
The discovery phase
Possible settlement
Going to court

We do everything possible to help you receive the compensation you deserve in your settlement. However, when the defendant settlement offer is unsatisfactory, we proceed with your case to court. The court decides who is liable, to what extent they are liable, and how much—if anything—they should pay you for your losses as a result of construction defects.

Construction defect law in Missouri

The Hershewe Law Firm, P.C. provides skilled legal counsel to clients dealing with Missouri construction defect litigation. Construction defects can not only reduce the value of your property, they can cause injury when left unchecked or unnoticed. In addition to defective conditions posing a danger to those involved in the construction, they can make the builders liable for damages that others suffer while on the defective property. In extreme cases, the presence of a construction defect can lead to the construction company's insurance company refusing to cover possible damages or claims.