HOW DOES A CONSUMER WIN A CONSTRUCTION CASE?
Briefly, your funding source for repairs and moisture remediation to your dwelling will come from your builder's insurance company.
Often time, attorneys will sue the builder, which is usually a corporation that holds no real assets and the builders typically lease their equipment and hire their subcontractors as independent contractors. They have only two or three people on the payroll and rent the space from which they operate. Hence, a judgment against a corporation may not be of value because the corporation has no assets. However, the real key to recovery in a construction case is whether there was liability coverage in place dating back to the time when the dwelling was constructed. My practice is aimed at digging out this information through discovery in the course of filing the complaint and pursuing your claim.
You are entitled to know certain things about the relationship between your builder and the builder's insurance company. The date on which the insurance policy was issued and who was the insured are key factors, and if your lawyer is not aware of how this type of strategy must be followed, you could end up spending a lot of money and end up getting a judgment against a corporate entity that has no assets. Hence, you will have paid your attorney for getting a judgment that is unenforceable. I can discuss these issues with you by phone and give you a good idea as to whether I think you have a situation in which the builder would have been required by the county to carry a general liability policy. Call for a free consultation in that regard.
Experienced Attorney Representing Northeast
Florida Homeowners in Construction Mold Lawsuits
If you have purchased a home in northeast Florida that was built over the last 10 years, there is a high possibly that you have mold. There are several reasons for this but the bottom line is that mold can cause serious health issues and an overall devaluing of the home itself. Unfortunately, it is very difficult for homeowners to succeed in a construction mold lawsuit against a general contractor.
Why is that? Most contractors have been sued in court or taken to arbitration many times. Typically, these companies are represented by experienced law firms that specialize in construction law and construction defects litigation. Most consumers, by contrast, have never been sued and may never have had any reason to hire a lawyer. For this reason alone, it is absolutely essential for consumers to level the playing field by hiring an experienced attorney who is known for his or her willingness to actually try cases, and who has successfully represented homeowners in previous construction mold lawsuits.
I'm David Vaughn, a Jacksonville attorney with more than 30 years of experience in the legal profession. If you own a home in St. Johns County, Clay County, Flagler County or a surrounding area of northeast Florida, contact my office to learn about your rights and how I can help. I offer free initial phone consultations and can be reached at 904-475-1646.
Can I afford to hire a lawyer?
I take construction mold lawsuits on an hourly basis. At the same time, I appreciate that these are difficult financial times for most people and do my best to work with clients regarding fees and costs. In some cases, this may mean setting up a payment plan. In others, depending on the nature of the case, I am able to provide my services for a flat fee. I also accept credit cards. There may be other options available as well. The point here is that I try to be flexible with people and keep my services affordable.
If you didn't buy your home from the original builder, that's okay.
You can obtain a remedy against the builder even if you never met anyone in the builder's company. In fact, even if there is an arbitration clause you may still file a lawsuit. You may also have valid claims against materials suppliers, engineers, manufacturers, or even condo or homeowners associations, depending on the specific facts of your case. I can explain how all this works in a free phone consultation.
If the purchase agreement included an arbitration clause, you may still be okay.
Most construction law attorneys are not aware that courts can strike arbitration clauses out of home purchase agreements. I emphasize making this happen in my practice because without fail, homeowners want to go to court, not arbitration. The reason for this is simple, arbitration cases are overwhelmingly decided in favor of businesses over consumers. My personal feeling is that forced arbitration clauses should be banned from contracts altogether, due to bias and unequal bargaining power.
Call 904-475-1646 for a Free Telephone Consultation
In addition to handling cases that involve construction law and construction defects; I also provide legal services for matters involving real estate law, family law and probate administration.
