What Is Housing and Construction Defects Law?

Construction defect claims often involve flaws in design, workmanship, or materials. They can be complex because multiple parties may share liability.

Construction defects law governs these types of claims. This article will help you understand if you can pursue legal action for a construction defect in your home or business. You’ll also learn about potential damages you can recover and why you’ll want a construction attorney to help with your case.

What Is a Construction Defect?

Just because something is wrong with your home doesn’t mean you have a legitimate construction defect. Under construction defect law, homebuilders are liable for defective work. But your attorney must prove that your defect meets specific criteria to succeed in your construction defect case.

To prevail in your construction case, you must show that your home defect meets all of the following conditions:

• It reduces a structure’s value or endangers its occupants’ safety.
• It results from a flaw in the design, poor workmanship, or defective materials.
• It is not the result of normal wear and tear.

In most construction disputes, the homeowner is at a disadvantage. They may not understand the construction industry or how to prove a defect exists. This is why contacting a legal professional to help with your case is a good idea. They may resolve the problem with a single phone call or letter to the contractor.

The Construction Company May Fix the Problem

Construction defects are not uncommon. Construction sites involve multiple workers using building materials from different suppliers. You can handle some of these construction problems yourself.

For example, if you told your general contractor that you wanted brass doorknobs and they installed wooden knobs, you can switch them out. The same applies to minor issues like having the wrong paint color on your powder room walls. For minor problems like this, it isn’t worth filing a lawsuit.

Ideally, all you’ll have to do is contact the builder and point out a defect. They may come out and fix the problem without issue. But this may not be an option. You may have no choice but to file a construction defect claim.

Types of Construction Defects

A homeowner may encounter several types of construction defects in their new house.

Some defects don’t appear until years after the contractor completes the residential construction project. For example, you usually wouldn’t discover an unsteady foundation for years. The same is true for a cracked driveway. It can take months or years for the crack to appear.

One of the common types of defect is a workmanship defect. These occur when the builder or construction worker is negligent. These include:

• Water leakage
• Faulty electrical or heating systems
• Mold growth in interior walls
• Dry rot

Another type of defect is a material defect. These occur when the contractor’s materials are defective, old, or of poor quality. Some materials defects include:

• Faulty or cracked windows
• Deteriorating flashing
• Low-quality interior drywall

One final type of defect homeowners often encounter is a design defect. Design defects happen when an architect fails to produce accurate plans and other construction documents. For example, the firm that designed your home may not have placed load-bearing walls correctly.

A construction law attorney can help resolve these issues. It depends on whether they can prove that the parties involved in the design, manufacturing, or sourcing of materials are responsible for the defect.

Toxic Mold

Some construction defects, like toxic mold, pose a health hazard. Toxic mold can create volatile organic compounds. These chemicals can cause severe respiratory problems, flu-like symptoms, headaches, and other ailments.

Mold tends to flourish in homes with inadequate ventilation. If the contractors were negligent when they installed your HVAC system, you may have a valid personal injury claim. Depending on the facts of your case and the nature of your defect, you may have to name several defendants in your construction defect litigation.

Some of the parties liable for your defects include:

• Contractors and subcontractors
• Architects and engineers
• Material suppliers and manufacturers
• Previous homeowners (if they failed to disclose such problems)
• Real estate agents who sold the home

One reason defective construction cases are challenging is because there are so many possible defendants. It’s also difficult to track down the companies that supplied defective materials and building components. This is why you should contact an experienced construction defect attorney.

Should I Hire a Construction Defect Lawyer?

If you discover a defect in your new home or buy a home with construction defects, you have rights. Discussing your case with an experienced construction attorney is a good idea. Depending on the facts of your case, you may have a claim for damages.

Your attorney will demand that the responsible party compensate you for your losses. This may include:

• Costs of repair
• Loss of value in your home
• Property damage

You don’t want to wait too long to contact an attorney. If you don’t file your claim within the statute of limitations (time limit), you may lose your right to sue.

FindLaw’s directory of construction attorneys can get you started. Because state law is relevant, your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal advisors in your area. Many law offices offer free case evaluations.