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Understanding how to recover after soil-related damage

On Behalf of | Jun 10, 2016 | Construction Law

If the very ground under your building causes a problem, it might seem like you are stuck with the damage. Depending on the actual cause of the damage to your building or home, however, you might be able to recover losses from the construction company.

The first step in understanding whether you have a construction defect claim is truly understanding what caused the damage to your foundation or building. If the damage was caused by an earthquake and the construction was sound, then you probably can’t recover any compensation from a construction company. You might, however, be able to seek compensation through any insurance policy you hold on the property.

However, if the damage was caused by slow erosion or movement of soil under the ground, then you might have a possible claim against a construction company. The challenge with such a case is understanding the nature of the soil movement and whether the construction company might be held liable for placing the building on soil that could potentially cause such a problem.

It’s also important to note that such claims are governed by a statute of limitations. Usually, the statute requires filing a claim within a certain time period after discovery of the defect or after the defect should have been reasonably discovered. However, in some cases, you might need to file a certain time after the defect occurred. Our firm works with clients to quickly manage soil damage cases and file appropriate claims to avoid statute issues. We also help you understand your options and whether you have a possible case for construction defect compensation.

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