Understanding Construction Defect Claims

A construction defect is any flaw in the design, materials, or workmanship that causes damage or reduces a property’s value. These problems can appear immediately after completion or surface years later.

Common types of construction defects include:

• Structural failures or foundation movement
• Water leaks or drainage issues
• Electrical or plumbing system problems
• Roofing or window installation defects
• Use of substandard materials
• Code violations or safety hazards
• Improper soil preparation or grading

Our attorneys work with engineers, inspectors, and contractors to investigate the source of the defect, identify who is responsible, and pursue appropriate remedies under Mississippi law.

Who Can Be Liable for Construction Defects

Construction projects typically involve multiple parties, and liability can extend to anyone whose negligence contributed to the problem, including:

• General contractors or subcontractors
• Builders or developers
• Architects and engineers
• Material suppliers or manufacturers

We examine contracts, warranties, and project documentation to determine who failed to meet their obligations. Depending on the facts, a claim may be based on negligence, breach of contract, or breach of warranty.

Recoverable Damages in Construction Defect Cases

Victims of construction defects may be entitled to compensation for:

• Cost of repairs or reconstruction
• Loss of property value
• Temporary housing or relocation costs
• Engineering and inspection expenses
• Attorney’s fees, if permitted by contract

In severe cases, we also pursue consequential damages caused by the defect, such as water damage, mold remediation, or business interruption.

Construction Contract Disputes

Not every issue involves physical damage. Many disputes stem from broken promises or delayed performance. Our firm also represents clients in construction contract disputes, including:

• Nonpayment or failure to perform
• Disputes over change orders or project scope
• Delays and liquidated damages claims
• Misrepresentation or fraud in construction bidding

We handle these cases through negotiation, mediation, or litigation, whichever offers the best path to resolution.

How We Build Strong Cases

Every construction case begins with facts. We gather and analyze project records, photos, contracts, and inspection reports to determine the cause and extent of the problem. Our process includes:

1. Detailed Case Review: We examine all contracts, invoices, and warranties.
2. Expert Evaluation: We work with independent engineers or inspectors to verify the defect.
3. Liability Assessment: We determine who was responsible and what obligations they failed to meet.
4. Negotiation or Litigation: We pursue the most efficient strategy to recover compensation or enforce the contract.

Because we’re trial lawyers, our reputation often helps resolve disputes before they reach the courtroom, but we’re prepared to take cases to trial when necessary.

Preventing Future Disputes

Our experience also helps clients prevent construction disputes before they begin. We review contracts, advise on insurance coverage, and help draft terms that clarify responsibilities and limit exposure. For builders and contractors, this proactive approach can prevent litigation and protect their reputations.

Call for a Consultation: (662) 371-6580

Construction defects and disputes can jeopardize your property and finances.
At Stroud, Flechas & Dalton, we help clients uncover the truth, assign responsibility, and secure fair outcomes. 

Call (662) 371-6580 or contact us online to schedule a consultation with a Southaven construction defect lawyer.