How to Handle Damage Caused By a Contractor?

Attorneys Real Estate Group

We Handle Real Estate Contracts, Builder Disputes, Failure To Disclose & More..

“Construction projects usually go from start to finish without major issues arising. If you hire a general contractor to oversee your project, you expect it to be completed on time and under budget. It is not uncommon. However, for a construction project to run into significant problems.”

Contact Us For A Free, Over The Phone Consultation

It’ll Be A Helpful Discussion With An Attorney

How to Handle Damage Caused By a Contractor?

We can explain How to handle damage caused by a contractor. And how construction companies can cause property damage. To gain access to the roof, we recall cutting down large tree branches to give the roof crew access. When a construction company damaged my property, I had no idea what to do. A large tree branch came crashing into my garage.

When a construction company destroys your front lawn or floods your kitchen, you have a right to compensation for your losses. Contact a construction defect attorney immediately. If a construction company causes damage, it is the responsibility of the company or its insurer to pay for that damage.

A construction defect attorney will investigate to determine if we are legally liable. Our lawyers should be able to give you a much better idea of what happens to my property when a construction company damages it after we sit down with you for a free case evaluation.


The Most Common Types of Construction Defects?

A judicial system categorizes building defects into three broad categories.


Design Deficiencies

Building and structural systems sometimes fail to meet specifications. Because of the design of buildings and structural systems by professionals. Such as architects and engineers.

Construction companies often work outside building codes, leading to design deficiencies. Such as leaks, poor drainage, and inadequate roof structural support.


Material Deficiencies

Using inferior materials by unethical construction companies is a way to save money on a project. To prevent water leaks on windows, a company improperly flashes them, an example of a construction defect caused by a material deficiency.

Construction companies are usually liable for material deficiencies, but suppliers can sometimes shoulder legal liability if they sell low-quality materials.


Construction Deficiencies

Incompetent artistry can result in a wide range of construction defects. Including plumbing mistakes that result in water infiltrating a house’s structure. In addition to pest infestations, rotting wood, and deep foundation cracks, construction deficiencies can include pest infestations.


Do Construction Companies Need to Be Insured?

Who is responsible for damage caused by a contractor? If you hire a general contractor for a home improvement project, you must have comprehensive insurance, which means that any general contractor licensed in your state must have liability insurance.

You might have difficulty claiming liability for damage to your home if you fail to confirm a general contractor’s liability insurance before starting a home improvement project. During the screening process, ask general contractors for proof of insurance, including their liability insurance policy number and the amount of coverage they have.

You should contact the local building inspector’s office to verify the construction company’s insurance coverage if you have any questions. Ensure coverage exceeds state minimums.


Without Insurance, What Happens To The Construction Company?

A construction company that doesn’t have liability insurance might be reluctant to compensate you for damages resulting from a home improvement project. In some cases, you may recover the damages to your house through your homeowners’ insurance policy. If you wish to sue an uninsured general contractor, the legal process will take months, if not years.


Do We Have a Right to Sue a Construction Company If the Contractor Damaged My Property?

Construction companies working for reputable companies will likely be willing to repair minor damage for free. A general contractor known for honesty and integrity will likely do the job without your help.

For claims against a construction company, speak to the lead project manager. You might not have to go through your insurer for any damage done to your home. If the construction company pays for the deductible and the company’s history of submitting claims.

The project manager will file the claim with the appropriate supporting paperwork if the construction company claims through its insurer. In addition to receipts of repair bills and expenses for supplies and materials. You must provide the project manager with all documents associated with the damage to your property.


If A Construction Company Damages The Property, What Should We Do?

What to do if a contractor damages your property? You can use a general contractor for monetary damages if the contractor refuses to accept responsibility. Your case may go before a small claims court judge or a civil trial judge. To file a claim, you need legal support from a construction defect lawyer, but you can contact the insurance company directly.


If A Construction Company Damages The Property, What Should We Do?


The insurance company’s job is to fight against costly insurance claims with the help of experienced litigators.


Which Insurance Company Pays for Damages?

Your homeowners’ insurance policy will determine which insurance company pays for property damage. The damage’s type and why it occurred also influence which insurance company pays.

Your homeowners’ insurance policy may cover the damage provided you have accident coverage and a property damage/contractor caused water damage clause in your policy. The damage must also fall within the policy limits.


What Are the Best Factors to Establish a Construction Defect Attorney’s Legal Credentials?

A few factors establish a construction defect attorney’s legal credentials when a construction company damages your property.


Need an experience

Lawyers often handle less complex cases during their first year after law school. Suppose construction defects have damaged your property. In that case, you need an experienced construction defect lawyer with a proven record of success litigating construction defect cases unless the damage is minor.

An experienced attorney must determine a settlement’s value and negotiate with the construction company’s insurer. When it comes to arguing in front of a judge, experience is equally important.

Experience also matters when establishing long-standing professional relationships with judges and lawyers for the construction company’s insurer.


Practice Area of Expertise

A lawyer who handles construction defect cases. It is a highly specialized field of law for construction defect lawyers. Although a law firm claims to have at least one construction defect lawyer. You get a lawyer specializing in another field when you hire them.


Need a timely response.

You need a timely response from the construction defect lawyer you hire. When dealing with property damage caused by a construction company, you can become angry and frustrated.

Unresponsiveness from your lawyer compounds these feelings. Before meeting for a free case evaluation, you should find out how responsive the attorney is.


Optimistic Reviews

Established construction defect attorneys should have many optimistic reviews on sites like Yelp and Google. Your lawyer should be able to assist you in recovering monetary damages and negotiating a favorable settlement with the insurance company for your case.


Offers a Free Case Evaluation

Due to the property damage caused by a construction company, you are already in deep financial trouble. You shouldn’t need to pay money to receive a free case evaluation.

You can get a free legal evaluation from a reputable lawyer to determine the best course of legal action. Your lawyer will also be paid on a contingency fee basis, meaning they get paid when you pay your lawyer.


Who Pays for Property Damage?

If a contractor damages your property, what do you do? First, you must contact your contractor and ask how to resolve the situation. You won’t have to worry about extra costs if your contractor is properly insured and bonded.

Contractors will fix the issue and file an insurance claim covering their losses. If the problem was preexisting or wasn’t their fault, a contractor has the right to deny responsibility. If this happens, you should file a small claims lawsuit.


Processing Insurance Claims

If your contractor damages your property, you must know what to do. In most cases, they will file an insurance claim with their insurer. You must provide them with essential information, like the value of the furniture and other goods.

You can help your contractor speed up the claims process by providing all the necessary documentation. You can take photos of damaged items to help substantiate the insurance claim.

It is, however, possible for contractors to fix minor damages for free. If you hire a reputable contractor, they will repair small problems even if you don’t ask them. In addition, if it’s cheaper than having their premiums go up, they might be more willing to pay for the damage out of pocket.


How to Handle the Claim?

The damage may be relatively minor. A reputable contractor will likely agree to repair it for free. A true professional will fix it without asking for payment. Talk to the contractor first before filing an insurance claim against a contractor with their insurance company.

Their deductibles, claims history, etc., might prefer to reimburse you for minor damage instead of raising their insurance rates. Accepting this option depends on your relationship with them and the amount offered.

You may need to provide them with all the information they need to file the claim with their insurer, such as:

  • The value of damaged items,
  • Photos you may have that could be useful, etc.

Suppose your contractor’s insurance company is having trouble making payments. But has a good relationship with them, you may be able to assist them.


What If Your Contractor Doesn’t Have Insurance?

Licensed contractors must carry insurance, so you should hire a contractor with it. If you don’t hire a licensed contractor, you might be stuck paying the damages out of pocket.

There is no guarantee that you can recoup the money, even if you take them to court. Make sure any contractor you hire carries liability insurance. A homeowner’s policy may also cover the damages, as explained below.


What If Your Contractor Denies Responsibility?

How to handle damage caused by contractor? Even though it will likely end up as a small claim, you should engage a lawyer anyway if you feel it may be their fault (sometimes it isn’t). It’s also possible to contact their insurance company directly (again, you get their insurance details from them before they start working).

If you need assistance with your claim, contact your insurance company first. To ensure you do this correctly and to receive their help with your claim, you should contact an attorney before you do it. At the same time, some carriers will act upon this. Others may wait until the insured has brought a lawsuit against them.


Where Does My Homeowners’ Insurance Come In?

Does homeowners insurance cover damage caused by a contractor? In general, homeowners’ insurance covers damage associated with renovations. Check your policy document for specific exclusions. Ensure your insurance company knows your plans to work on your home.

You may need to update your policy, especially if you add value. Your contractor’s insurance certificate may also be required. On the other hand, poor artistry is not covered by homeowners’ insurance.

Your contractor will be covered for water damage if he cuts a pipe and floods your basement. The contractor’s insurance will also cover you if one of his employees steals jewelry from your bedroom.

Your insurance will not cover you if the work needs to be repeated. However, this is an obligation of the contractor. Alternatively, your home insurance company may pay the claim and seek reimbursement from the contractor’s insurer.

However, getting contractor’s insurance to cover the damage is better for preserving your claims history. However, homeowners’ insurance may cover actual accidental damages.


What About Damage to Somebody Else’s Property?

Your landscaping contractor cuts down a tree, and it falls on your neighbor’s fence…and their BMW. If this happens, the contractor is liable, and you are not. If you live in a condominium, you should give your neighbor the contractor’s insurance information, just in case.

You may also want to let your COA know which contractor you are using and what insurance they carry. However, your COA may be able to make recommendations as well.

The general liability insurance of your contractor will likely cover any contractor damaged property the contractor may cause to your property when you are doing renovations. The risk of filing a claim against your homeowner’s insurance can be minimized if you hire a licensed contractor and ask them for their insurance policy details before they start working.


Need a Legal Action Today For Your Construction Defect

Choosing the best legal representation for your construction defect case is easy when you work with us. One of our highly-rated construction defect lawyers can help you determine what to do when a construction company damages your property, starting with a free consultation.

Alec Stroup

ALEC STROUP Associate Attorney  Roseville Office  1-866-471-6981  Alec...

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  Bio...