How is fault determined in a construction dispute?

Fault is determined in a construction dispute primarily through a thorough analysis of the facts surrounding the incident in dispute. In West Virginia, the court system is tasked with the job of evaluating all of the evidence to determine which party is responsible for the faulty construction. First, the court must consider all of the relevant facts of the dispute. This includes any and all contracts between the parties, the terms of any agreement, any design plans that might be relevant, and any other evidence that might prove useful to the court when deciding responsibility. The court must also examine all of the evidence surrounding the actions of the parties involved in the dispute to determine who was in breach of contract or who is legally liable for the faulty work. It is important to note that the parties to the dispute each have their own burden of proof. For instance, the one initiating the suit must establish proof that the other party was responsible. If the plaintiff is unable to prove this, then the fault may likely shift to themselves. Similarly, if the defendant can provide evidence that the plaintiff was actually at fault, then the responsibility will be shifted to the plaintiff. Ultimately, the court will make the final determination as to who is responsible for the faulty construction based upon the evidence presented to them. As such, it is important that all parties to the dispute take the time to gather any and all evidence they can to best support their case. The court will determine fault based upon this evidence as well as the applicable law.

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How is fault determined in a construction dispute?

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