Nothing is worse than learning that your dream home has some sort of construction
defect. Finding out your home has a construction error is not only devastating
news to hear, but also means that your home will lose some of its value.
In this blog, we talk about
construction defect claims and what a lawyer can do to help you get your home repaired.
What Is a Construction Defect?
A construction deficit is any problem with your home, from peeling paint
and other cosmetic deficiencies, to major defects like electrical issues,
leaking roof, toxic mold, or cracks in the foundation. A construction
defect can be either patent or latent. Defects that can be discovered
with reasonable inspection are patent, while defects that can't be
discovered through an inspection are latent.
Common construction defects include:
- Errors or omissions from the architect or design team
- Poor quality workmanship
- Manufacturing defects with building materials
- Ground problems that cause the foundation to be unstable
If you think your home has construction defects, you should have an independent
home inspector assess the damage and determine its extent.
Construction Defect Lawsuits
Depending on the circumstances of the construction defect, you might be
eligible to sue the party that is responsible. You can seek damages for
the cost of repairing the defect and the value that your home lost.
Breach of Contract or Warranty: If your home was not built to the specifications that were set forth in
your contract, you might be able to sue the builder. You can also sue
if you were guaranteed the quality of construction for a certain period
of time and a defect arises during this time-frame.
Negligence and Strict Liability: You can sue a builder for negligence if they failed to adhere to the duty
of care that was owed to you. Under strict liability laws, you might be
able to hold the builder liable for the defect, even if they weren’t
negligent. However, some states have limitations on strict liability laws.
You should consult with a lawyer to see what laws apply to your case.
What a Lawyer Can Do for You
Construction defect claims can be quite complicated and require in depth
knowledge of both consumer and real estate law. Hiring a lawyer can ensure
that your claim is properly filed within the statute of limitations. A
skilled attorney can also review any contracts you may have signed with
the builders to see what provisions they can use to your advantage before
filing a lawsuit.
If you are thinking about filing a construction defect claim, you should contact our Midland team of property damage attorneys
to talk about your case today.