How does a contractor defend against a claim of negligence?

When a contractor is accused of negligence, they must be able to prove that they took care of their part of the construction project and that the damaged was not their fault. In the state of Washington, a contractor can defend themselves from a claim of negligence by showing that they have followed all the accepted guidelines of the industry and construction laws in the state. A contractor can also use the “comparative negligence” defense, which states that both parties were at fault in the negligence claim. The contractor can argue that both parties were at fault and that they were not the only ones at fault for the damages. This allows them to potentially have a portion of the damages transferred off of them, and onto the other party, depending on their degree of fault. The contractor can also use the “assumption of risk” defense. This means that the contractor can argue that the party accusing them of negligence understood and accepted the risks, and that they assumed those risks at the beginning of the project. This means that the party accusing them of negligence is accountable for the damages. Finally, the contractor can also use the “statute of limitations” defense. This defense states that the claim was made after the deadline set by the state law, which is typically one or two years. The contractor can present evidence that the claim was made after this timeline, and therefore the contractor cannot be held liable for the damages.

Related FAQs

What is the process for filing a lien if payment is not received for construction work?
What is the role of a construction law attorney?
What is the role of a construction inspector in the construction process?
What are the requirements and restrictions on change orders in construction contracts?
What is the difference between a surety bond and a performance bond?
What happens when changes occur during the course of the project?
What is a waiver of subrogation and when is it necessary?
What is the dispute resolution process of the American Arbitration Association?
How is the scope of work for a construction project defined?
What is the difference between a guarantee and a warranty in construction?

How does a contractor defend against a claim of negligence?

Related FAQs

Related Blog Posts