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Once you have reached the point where you feel that you cannot get proper resolution from your builder for a construction defect and you have called an attorney, the following steps will occur.
A representative from the firm will meet with you to discuss your problems. Provide the legal assistant with all of the records you have kept regarding the purchase of your home and the problems you have experienced. If your problem warrants further investigation, an inspection of the damage by qualified professionals will follow. Damage will be documented through photographs and/or video. Experts may be called in to survey the damage or to determine the cause of the problems. If necessary, various test will be ordered and performed.
Before a lawsuit can be filed a formal claim must be presented to the builder. The builder can elect to perform repairs. If repairs are performed, the builder cannot seek a release of any future claims. If the builder does not elect to repair, or if the repairs are inadequate, the next step is mediation. Mediation is simply negotiation between you and your builder to resolve the claims. If mediation at this time is not successful in resolving your claims, a lawsuit can be filed on your behalf and on behalf of your neighbors experiencing similar problems. There is not only strength in numbers but the fee arrangement with your attorney can become more favorable when more homeowners are involved.
Before your case can go to trial, a substantial amount of evidence must be uncovered and prepared. This is the discovery process. Once all the evidence is prepared, a trial date can be set.
The objective of the trial is to win reasonable compensation for you to properly repair your home, and to cover all costs related to the lawsuit -- expert expenses, tests, attorneys' fees, etc. Not all trials conclude with a verdict. Sometimes the developer, and/or others involved in the design and construction of your home, may offer an amount in settlement to end the case before a verdict is reached. Our mission has and always will be to get defective homes repaired correctly at no cost to the homeowner.
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