Consult Your Attorney Before Painting The House?
I’m not suggesting that your construction defect attorney is an accomplished designer (although, they may be)… but you still might want to get their advice before painting your home or doing any other upgrades/repairs. SHCC does not provide legal advice, but we know that discovery is an important part of any lawsuit. Basically, the defense needs an opportunity to inspect the home for the defects that are being alleged by the plaintiff experts. So for example, if one of the defects are staining from window leaks, if you paint over those stains, how is the defense going to see that there is staining? It is always better when both sides can agree about problem areas, so don’t make it harder than it needs to be by covering up or repairing items that are being claimed in the lawsuit. Just talk to your attorney first to make sure.
Cyntia Scharf brings up a New Jersey case that shows just how crucial this issue can be:
If you are planning to sue to recover damages relating to construction defects, don’t destroy the evidence of the defects before the defendants have had a reasonable opportunity to inspect and document them. Such premature destruction of evidence could destroy the strength of your case.
The plaintiffs in the case destroyed evidence in the form of a failing greenhouse that was causing damage to their home. The defense argued that they did not have the opportunity to inspect the evidence and would have to rely upon the plaintiff’s expert. They convinced the judge that the plaintiff expert’s photos and reports should be excluded. Without evidence, and without the plaintiff expert’s documentation to rely upon, the case was pretty much over.
Link to another article on the same topic
15 December 2006 | Construction, Construction Defect, Consulting, Experts, Inspections, Litigation | Comments
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