Construction Law

Construction law in Mississippi is generally deemed to fall under one of several categories that are related to the construction of not only residential but commercial real estate.  The New Homebuyers Warranty Act (please see our more detailed article on this subject and our list of articles on our main page) provides purchasers of new property with certain rights and remedies as they relate to the workmanship of their new home.  Separate but apart from workmanship issues are matters that touch upon the foundation of a new home.  It is often used as a defense in the state of Mississippi that foundation issues are outside of the intentions of the New Homebuyers Warranty Act, however it is clear in under Mississippi law that any foundation that fails within seven years of the owners first occupancy of the residential structure will generally be covered under the New Homebuyers Warranty Act.  In essence, the New Homebuyers Warranty Act precludes certain defenses such as that no negligence was committed on part of the builder that caused or contributed to foundation instability in a residential property.  Negligence need not be shown.

Construction law can also entail areas such as defective workmanship and design, which often require the use of expert witnesses such as engineers and architects in order to state with a reasonable degree of knowledge to the court that some design flaw or construction defect has caused or contributed to an instability to a residential or commercial property.  It is very rare that construction and design defect cases will not require the employment of an expert witness that is duly qualified in the area of which they attempt to testify.

If you have a question concerning construction law, the New Homebuyers Warranty Act, foundation defects, construction and design defects, or any other area that you feel fault under the realm of construction law in the state of Mississippi, the law office of Matthew Poole is able to provide you with a guidance and expertise to make the proper determination and determine a course of action.