New construction is not always smooth and hassle-free. Some clients will begin to experience problems as soon as the project is turned over, and they grow worse over time. The problem may have even been in the design of the project. This is where you can take legal action against the builder or architect for design malpractice.
Was the Architect Negligent, or Did They Use Bad Judgement?
Just like medical malpractice cases, the mere fact that there was a defect does not automatically entitle you to payment. Instead, you must focus on the designer’s judgment that they exercised at the time. This will be compared to the professional judgment of an ordinary designer and what they would have done under the circumstances. Essentially, you must prove that the defect resulted from a mistake that the architect or construction company made. Your case would show that they did not exercise their judgment appropriately or use the necessary skill.
You can also file a lawsuit under a theory of negligence. This would be a similar case. The difference is that you would need to show that the architect or construction company acted unreasonably under the circumstances.
In either case, you would need an expert witness to testify about what the architect should have done under the circumstances. Then, they would compare your architect’s conduct to how a reasonable architect would have acted. Finally, your case would need to prove that the mistake was the cause of your damages and exactly how you suffered as a result of the architect’s design mistake in order to prove malpractice.
Call a Calabasas Construction Lawyer For Help
If you have experienced problems after a construction project, and you think that it was the result of design malpractice, you need legal help. Contact the Law Offices of Alan J. Carnegie, APC, online for a consultation to discuss your case.