My new home has some building defects. Do I have a case against the construction company?

In the event of construction defects, it is possible that a homeowner will have a viable legal claim against a construction company. Ultimately, the decision on whether legal action is viable and in the best interest of the homeowner will come down to several important, case-specific considerations, including:

• The nature of the defects will be a critical factor. Certain states have limited statutes regarding negligence and implied warranties on residential properties. Whether the defects in your residence met, the criteria for your state will depend on the nature of the defects, the statutes of your state, and possibly, the type of residence and entity involved in the building of the residence.

• Unlike many other defects in products and services, home building defects do not become immediately apparent. In many cases, discovery of defects requires insight from other construction professionals, often in response to recurring problems within the home. Each state has specific statutes of limitations on cases involving negligence by home builders. These widely vary from state to state, and in certain cases, depend on the nature of the defects and date of discovery of the defects as well.

• More often than not, homeowners may be best suited by contacting builders directly about repairing the defects in their home. This process may require some representation from a lawyer under threat of further legal action, but in general, the costs of litigation can outweigh the costs of repairs. However, depending on the nature of the defect and how progressive any further complications are stemming from the defect, immediate remedy through litigation may be the only option.

For more information about your specific homeowner’s issues regarding real estate construction mistakes, consult with a real estate lawyer in your state of residence to learn more about your legal rights and options.