Construction Defects
If you have a problem with your house that is considered “unreasonable”, and is something that should have been found or fixed, it can be termed a construction defect.
A construction defect can affect new or used homes, and can occur anywhere in a house. They can vary tremendously in intensity and scope. Some examples of construction defects are:
• Faulty duct system which emits dangerous emissions
• Foundation issues that threaten the structural integrity of a building
• Plumbing leaks
• Faulty sprinkler systems
• Mold damage
• Heating and electrical problems
The cost for repairing a construction defect can be very expensive. It can also create a dangerous home environment, one that might cause injury or even death.
Should visitors to your house suffer harm as a result of the defect, you may also be held liable. For instance, if you have a plumbing leak, and someone slips on the water and falls down the stairs, you could be held liable for the injury, and pain and suffering caused.
To top it all off, your insurance company, in many cases, won’t cover repairs for construction defects or damages.
If you find a defect in your home, time is of the essence. Contact our law firm for further information.
Construction Defects FAQ
- What is a construction defect?
- What causes a construction defect?
- Who is usually responsible for construction defects?
- What kind of construction defects can a builder be held liable for?
- We have a problem with the construction of our home. We have approached the builder but he’s not doing anything to resolve the issue. What do we do?
- I don’t have enough money to hire an attorney but I know I have a construction defect. Do I have any options?
- How do I prove I have a defect?
- How long do I have to file a lawsuit?
- My builder went bankrupt and/or is out of business. Can I still sue?
- What type of damages can I sue the builder for?
- I have a pending lawsuit. Do I have to make repairs now or can I wait till the case is settled?
- Can I sell my home with a lawsuit pending?
It’s a defect that causes the value of your home to decrease. Some defects are very obvious, like leaking water, and are discovered right away. (These are called patent defects). Others are hidden, and aren’t found until years after the construction of the house. (These are called latent defects).
Defects are usually caused by one of two factors:
• Poor workmanship
• Using inferior materials
These can include things like, improper soil analysis, poor site planning, or using defective building materials.
Typically, the liability will be with the developers, builders, and general contractors of the project, even if subcontractors were used or the defective material used was manufactured by someone else.
There are a wide array of defects builders have been found liable for. The courts look at several different factors when determining culpability:
• Whether the condition violates the building code
• Whether the proper standard of care for the industry was met
• Whether the condition was caused by a deviation from the approved plans
• Whether the conditions are below the reasonable expectation of care a homeowner can expect to receive.
- We have a problem with the construction of our home. We have approached the builder but he’s not doing anything to resolve the issue. What do we do?
You really have 2 choices. You can continue to work to settle the dispute yourself or you can consult with an attorney or architect to see if they can help resolve the issue, either through mediation or litigation.
- I don’t have enough money to hire an attorney but I know I have a construction defect. Do I have any options?
Depending on your case, it’s possible that our firm will take it on a contingency basis. This means that no attorney fees are due until your funds are recovered for the defect. Contact our law firm for more information.
It varies. There are different statute of limitations for different types of defects. The best thing to do is contact an experienced attorney as soon as you detect, or suspect, a problem.
You will probably need to consult with experts in the field to determine whether you have a problem. For instance, if you have structural problems, you would need to consult a structural engineer, or possibly an architect.
Even though a business may not be in operation, or is absent of any assets, there is usually an insurance carrier that is still obligated to defend the developer against any lawsuits. (It’s always best to get this information from a contractor at the outset of a relationship, so if any problems occur later, you have that information.)
Typically, in these types of cases, you can sue for the cost of repair, and for the value of any other personal property that was damaged due to the defect. You may also be able to get relocation costs, if you had to move out while the repairs were being performed, and attorney and legal fees. There are also instances, though they’re pretty rare, of punitive damages being awarded. In these cases, the builder was found to be fraudulent by failing to disclose defects he knew existed at the time of the sale.
You need to make the repairs now. It’s the home owner’s responsibility to protect the property from any further damage. The costs are recoverable in your lawsuit. Also, if you fail to make repairs or continue with reasonable maintenance on your home, you could be blamed for contributing additional damages, which could offset your claim and damages awarded to you by the court.
Usually, yes. You will have to disclose the pending lawsuit to any potential buyers, though.
