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There are many ways in which a person may be harmed because of contractor negligence. For instance, someone may suffer an injury after being hit by concrete or become ill because hazardous waste mixed in with the local drinking water. Individuals who face employer discrimination on the job site may lose money if they are demoted or terminated. Let's look at how construction laws may protect an individual's rights.
Construction law involves any case related to the construction of a building or any other structure. It may also apply in the event that a building or structure is being renovated or otherwise remodeled. Federal, state, and local laws may all put forth rules and regulations as to how a construction project may proceed and what recourse people have when construction defects occur.
For instance, the federal Resource Conservation and Recovery Act (RCRA) specifies what a hazardous material is and how it must be handled. In New York, the State Building Conservation and Fire Prevention Code creates standards by which builders must adhere. These standards are generally enforced in addition to those created by the International Code Council (ICC).
Cases may range from those involving contractor negligence to issues with insurance or bonds. It is also possible that a construction law case will focus more on employment law issues, such as a lack of safety protocol on a construction site. Employees may also take legal action in cases involving discrimination or failure to pay overtime if applicable.
Construction law attorneys may be able to establish that an individual was hurt because of the negligence of another party. To prove negligence, it must be shown that a contractor or another party violated a duty of care. It must then be shown that this breach led to an injury that resulted in financial damages.
Generally, attorneys can gather evidence, initiate depositions, and start settlement talks on almost any construction law case. In cases involving injuries, this process may start proceeding without the plaintiff needing to take any action. However, lawyers will not make any decisions, such as accepting a settlement or filing a lawsuit, without the consent of their clients.
Hiring an attorney may be ideal because the first thing an employer or insurance company may try to do is offer a settlement. Generally speaking, this initial offer is below market value and is a tactic for ending the case as soon as possible. When people hire attorneys, they have advocates who may work to help them resolve their cases in a favorable manner.