How to Spot a Construction Defect
If you have purchased a property or recently commissioned the construction of a property it is important to look for construction defects that can reduce the value of said property. A construction defect is legally defined as a defect in design or a defect related to land movement.
Spotting a defect in design, workmanship and materials
If you can spot defects in design, workmanship and materials you may be entitled to compensation from the construction company or contractor responsible for development of your property these can include but are not limited to.
- Water seepage through roofs and windows
- Siding or stucco deficiencies
- Concrete slab cracks or leaks
- Poor drainage
- Improper landscaping or irrigation
- Termite infestation
- Structural failure or collapse
- Poor or defective plumbing
- Faulty electrical wiring
- Improper security measures
- Insufficient insulation
- Improper materials (such as use of lead paint)
- Poor sound protection
Not only do these defects lower the value of your property but they can also pose potential health and safety risks that can affect your family. The best way to check for these defects is to do a simple inspection of your home on your own. If you notice anything out of the ordinary, consider enlisting the services of a home inspector to give you a comprehensive report on the status of your property.
Spotting a landslide or earth settlement defect
Land movement defects are much tougher to spot for the untrained eye and can include,
- Problems with expansive soil
- Underground water or streams
- Improper compaction
- Inadequate grading
- Improper drainage
These issues can lead to structural failure which can be catastrophic for property value. If you expect your property presents any of the aforementioned problems you will need to hire an expert to independently verify your assumptions.
If any of these defects are present in your property it is paramount to hire an attorney that acts on your behalf. A trained construction defect attorney will help you either get the contractor to remedy these issues or receive compensation for the undisclosed construction defects. Your attorney will draft a proper settlement agreement that does not release the developer from liability except for the limited and defined repairs being made, and only after they have proven the repairs have been made.