What are Construction Defects?

When building a home, contractors are required to comply with building codes and to construct the home in a manner that shows due diligence and reasonable care. Sometimes, when a home has been poorly constructed, the homeowner is left wondering if they have a legal case or if they just have bad luck. You do not have to live in a substandard home due to a negligent builder or to a defective design. Construction defects can be fought in court with the help of a knowledgeable construction law attorney. But what exactly counts as a construction defect?

Construction defects are defined as any condition in your home that reduces the value of your home. Some defects are visible right away, such as cracks in the walls or floors. These defects are known as “patent” defects. Other defects may not be apparent right away, and may take months or years before the problem is realized. These defects include water seepage issues, mold, dry rot, electrical wiring issues, faulty draining, structural failure, as well as other issues. These hidden defects are called “latent” defects.

So how does a construction defects lawsuit play out in court? The defects are investigated and evaluated by experts who specialize in specific areas of construction. The experts then make their recommendations based on what they have seen. If the judge rules in favor of the homeowner, there may be several responsible parties, including the general contractors, developers, and possibly even the architects or designers. The responsible parties will then be required to cover the cost of repairs, and sometimes the decline in home value due to the defects. If the homeowner had to perform any repairs to prevent additional damage due to the defects, those costs will often be reimbursed as well.

The time limits for filing a lawsuit vary from state to state, and vary depending on the type of defect. If you believe you may have construction defects in your home, contact a construction defect dispute lawyer today.

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