When people hire contractors to build or remodel their homes, they generally anticipate that the contractor will complete the work with due care, using the materials specified and strictly adhering to any applicable codes and standards. Unfortunately, not all people working in the construction industry uphold the duties imposed by contractual agreements or the law. Instead, some builders and contractors actively attempt to deceive homeowners by engaging in dishonest behavior. Fraudulent construction practices not only cause frustration and inconvenience but also typically result in significant financial losses. If you are the victim of such fraud, the capable Atlanta construction fraud attorneys of Poole Huffman can advise you of your potential claims and help you pursue compensation from the parties responsible for your damages. We regularly aid people in litigation arising out of real estate disputes in Atlanta and in Decatur and Tucker.Examples of Construction Fraud
Generally, construction fraud claims pertaining to the construction or remodeling of a home arise when a contractor represents it will perform work in a specific manner or use a certain quality or grade of materials without intending to do so. The contractor makes such representations to induce the homeowner into paying for the services or goods promised without ever intending to deliver them. The contractor then benefits from the homeowner’s payment while offering inferior products or work. In some cases, the contractor will flee with the homeowner’s money without performing any work. Construction fraud may also arise after a project is completed. For example, a contractor could advise a person that a property is in sound condition, despite knowing that it suffers from critical construction issues, like a cracked foundation, in order to convince the person to buy the building. Learn more about your potential claims by speaking with construction fraud lawyers in the Atlanta area.Pursuing Construction Fraud Claims
Unlike claims arising out of negligence, claims arising out of deceitful behavior in the remodeling or construction of a home include an element of intent. In other words, a plaintiff alleging a construction fraud claim in Georgia must show that the defendant either concealed a material fact or made a false representation and that the defendant knew that doing so was wrongful. The plaintiff must also show that the defendant made the misrepresentations with the intent to induce the plaintiff into entering into acting or refraining from acting. Finally, the plaintiff must prove that it relied on the defendant’s statements, the reliance was justifiable under the circumstances, and that the plaintiff sustained damages due to the defendant’s actions.
In sum, it is not sufficient for a plaintiff to merely demonstrate that the defendant breached a provision of a construction contract or negligently constructed a property. Instead, the plaintiff must produce evidence that demonstrates that the defendant lied to the plaintiff in order to obtain his or her business and that the defendant never intended to convey the goods or services promised. Construction fraud attorneys serving clients in Atlanta can assist you determining what evidence you will need for your claim. Compensation Recoverable for Construction Fraud
Plaintiffs that successfully demonstrate fraud may be able to recover compensatory damages, which aim to reimburse them for the financial harm caused by the defendant’s actions. In cases in which the defendants’ behavior is deemed especially offensive, plaintiffs may also be able to recover punitive damages, which essentially are designed to punish wrongdoing.Pursue Your Claim
Parties that build and remodel homes are expected to do so with due care and sound materials, but some people and entities involved in the construction business actively attempt to deceive homeowners regarding the quality of their work by engaging in fraudulent practices. If you suffered financial losses because of construction fraud, you should meet with an attorney to discuss your options for seeking compensation. We at Poole Huffman are proficient at aiding those harmed by dishonest business practices in the pursuit of damages, and if you engage our services, we will fight tirelessly to help you protect your interests. We frequently represent people in real estate disputes in Atlanta, Decatur, and Tucker, where we have an office. We also aid parties in real estate matters in cities throughout Fulton, DeKalb, Cobb, and Gwinnett Counties. Contact our Atlanta construction fraud lawyers at 404-373-4008 or via our online form to schedule a confidential meeting.