Why is a Failure to Disclose a Legal Concern?
The term ‘failure to disclose’ is very consequential. It indicates a concealment or omission of important information that should be shared transparently with any and all parties involved in a construction project. This information can include anything from the quality of material, legal disputes, to construction defects. When one party does not provide full disclosure during the course of a construction project, it can result in serious legal complications, which is why it is such a major concern in the construction industry. Below, our Charleston construction defects lawyer explains the importance of transparency and how you can make it right.
Ensuring Compliance and Reducing Risk
Construction contractors and sub-contractors must adhere to strict local, state, and federal regulations. Full transparency is a critical factor to ensure all parties are complying with regulatory and legal standards. Each stakeholder must also have full access to accurate and complete information, which will make it easier to identify and address any issues of non-compliance in a prompt and timely manner. Being proactive in this manner can help parties avoid legal actions and costly fines that may stem from regulatory breaches.
Facilitating Problem-Solving and Decision-Making
As construction projects move forward, many decisions must be made efficiently and quickly. Full transparency will ensure that all parties can access the information they need to make these decisions. This is especially important when challenges and unexpected issues arise. If each party can have a clear understanding of the resources, constraints, and the status of the project, all important decision-makers can minimize delays and unnecessary costs, as well as find solutions collaboratively.
Enhancing Safety and Quality
In construction, the importance of safety and quality cannot be overstated. Transparent communication regarding processes, materials, and safety protocols has a significant role in the overall safety and quality of a project. For example, if a contractor provides full disclosure regarding the quality of origin of materials, it can help ensure that the only materials being used meet a very high standard. Likewise, transparency regarding on-site safety measures can also protect workers and minimize the chance of accidents happening and other liabilities.
What are the Legal Ramifications of Failing to Disclose?
The legal ramifications of failing to disclose important information in the construction industry are far-reaching. For example, if a contractor intentionally hides defects in a project, it can result in the contractor being held liable for damages, repairs, and even a personal injury claim. Likewise, if the owner of a property fails to disclose a legal dispute regarding the property, it can result in contracts being nullified.
Our Construction Defects Lawyer in Charleston Can Help with Your Case
If you have a construction legal matter or need answers to more questions, our Charleston construction defects lawyer at Fuller Law Firm can help. Call us today at 843-277-0013 or chat with us online to schedule a consultation with our experienced attorney to schedule a consultation so we can review your case and provide the answers you need.
Source:
scstatehouse.gov/code/t27c050.php
