Constructions defects go to the root of the development agreement or contract. The terms and conditions of such a contractual relationship are enunciated in the contract and therefore parties are legible for compensation in case of a breach.
In this regard, there are various remedies that you can seek in court, and the prime ones are enlisted as follows;
Damages are categorized into compensatory damages, nominal damages, and liquidated damages. Compensatory damages are common damages that are awarded to victims of a breach of contract from the party that caused the breach. Nominal damages are awarded when the injury suffered is minimal and thereby attracting a small cash sum as compensation. Compensatory damages are agreed upon and elucidated in a contract and in this regard, the court does not have to calculate the amount payable to the injured party. In construction claims, you can seek compensatory claims or liquidated damages depending on the circumstances of your cases.
This type of remedy is premised on the performance of contractual obligations rather than monetary compensation. Here, the courts come in to compel the party in breach of contract to perform certain terms and conditions of the contract. Mostly, specific performance is suitable in times when monetary compensation is inappropriate or inadequate. For example, if a party in a construction claim refuses to fix stucco defects the owner of the building can move to court to and seek specific performance and thereby compel the engineer to expedite reconstructing.
An injunction is an equitable remedy whereby a party in breach of a contact can be required to do something or conversely stopped from further action. Mandatory injunctions, interlocutory injunctions, and prohibitory injunctions are examples of injunctions that are usually granted to the person that has suffered or is likely to suffer from the actions of a defendant. Mandatory injunctions are opportune in construction defects claims where a party needs to absolve himself from further costs and expenses regarding the defect.
In light of the foregoing remedies, it is discernable that the most viable remedies in construction defects cases are damages and specific performance. Compensatory damages are sufficient in compensating victims of such professional negligence. On the other hand, specific performance ensures that the aim of the contract is reached and that all parties are compliant with their duties and obligations.…Read More