Construction Defects and the Law

Construction defects can cause your home to be worth less in value. The defects may not even be discovered by you for many years after you have owned the home. Some defects are obvious and others are hidden or  “latent” defects. Construction defect law claims are complex.  It is recommended you speak with a construction defect attorney immediately upon discovering the defect.

The most common types of defects include:

• Poor Design Mistakes
• Bad Low Quality Materials
• Poor Workmanship
• Technical Mistakes

These defects can occur in heating and electrical systems, the foundation, flooring, walls, roof cracks, structural failure and in the soil and drainage. Problems that may result include mold, water leaks, dry rot and issues that can result in substantial expenses and financial losses for homeowners.  Some defects may not even be able to be fixed.  

Litigation for a Construction Defect

Before filing a lawsuit, you should try and resolve the matter with the person responsible for the defect such as the developer, contractor or a sub-contractor. If you are unsuccessful, then you will probably need to file a construction defect lawsuit with the court. Construction lawsuits may be hard to prove. They rely on expert witness testimony.   Check your state laws first regarding time limits and procedures for filing a claim and consult with an attorney that specializes in construction law cases.

Construction Defect Statute of Limitations

The statute of limitations for lawsuits and construction defect claims is complex and varies from state to state. It also depends on whether or not the defects are hidden or apparent. The statute could run from the date of completion of the work or from the time period when the defect is discovered. You should seek legal advice immediately so you do not miss the time period in which to take action.

Help from a Construction Defect Lawyer

A construction defect lawyer can advise you regarding the construction defect law in your state and the statute of limitations as well as your legal rights and remedies. The lawyer can prepare the papers to file a construction defect lawsuit and defend your interests in a legal action.