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Knowing the Fundamentals of Construction Defects

If you have just bought a home, understanding everything you have to do to make sure that you are well-aware of all the necessary things about the property is crucial. One of the most common issues often overlooked is dealing with construction defects.

A construction defect is a condition in a home, which is sometimes brought about by poor structural design, defective parts and substandard materials used during construction . Certain defects are apparent, but many are less evident and do not become obvious until years after the construction of the home.

If you have discovered a defect in your home, you may file a construction defect claim. Depending on your case, you may recover certain damages

The following is a list of some of the most common types of construction defects that are involved in litigation:

• Water issues
• Mold
• Landscaping and soil
• Electrical systems
• Roof, wall, floor, and foundation cracks
• Faulty drainage
• Structural failure
• Dry rot
• Electrical and heating

Construction defects may be caused by various factors. Some of these causes include, but are not limited to, the following:

• Poor workmanship
• Use of inferior materials
• Negligent construction
• Site selection and planning
• Inappropriate soil analysis and preparation
• Civil and structural engineering
• Defective building materials

Various parties may be responsible in construction defects, including:

• General contractors
• Developers
• Builders of residential structures
• Subcontractors
• Architects
• Designers

The responsible parties in issues of construction defects are not limited to those that are mentioned above. There are some involved in such cases who might also be defendants in the process of litigation.

The time limits in filing a construction defect claim vary in each state. In numerous states, there are laws that require either the homeowner or the homeowners association to inform the contractor or developer of the defect and provide them with a chance to fix the damage. If you have such an issue and the said defect is not fixed, you may file a lawsuit.

The statute of limitations, or the time limit for filing a lawsuit, also depends on the defect itself, whether it is patent (obvious) or latent (hidden). No matter what your case is, it is important to immediately take action if your home has a defect.

Proving a construction defect in court may depend on the defect itself. Certain defects are evident, referred to as “patent.” On the other hand, other defects do not become obvious until years after the construction of the home or are hidden. Such defects are known as “latent.”

The success of your construction defect claim may depend on the statements of experts who specialize in certain areas of construction. Such experts examine the defect, assess what caused the defect, and make recommendations on how to fix these defects.

The damages you may recover in a construction defect claim may depend on the facts and situation of your case. Some of the damages that may be recovered may include the following:

• Cost of repairs
• Decline in the value of the home
• Loss of the use of property during repair
• Cost of temporary housing
• Court expenses
• Attorney’s fees

Construction defects can have a substantial effect, and therefore, it is essential that you get help from an expert attorney to acquire the necessary legal assistance.

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