Construction Defect Law

Your home is most often the most expensive purchase you’ll make in your lifetime. As a homebuyer, protecting your real property like a long-term investment makes sense. But before completing a real estate transaction with a real estate agent, you’ll want to do a thorough inspection. Ensure there aren’t any serious defects, especially in new construction real estate.

You’ll need to be able to spot dangerous defects or toxic mold early to make the necessary fixes and prevent injuries. So, what do you do when there’s a legal issue with your new home?

This section addresses construction defects in houses and condominiums. Use the menus below to navigate to the most relevant topic, or keep reading to learn more about common defects, mold, and your legal options. 

Understanding Types of Defects

The term “construction defect” refers to any sort of property damage in your home that falls into these four basic categories under state laws:

• Design defects: Errors or omissions by the architect or design team
• Material defects: Inferior construction materials that deteriorate quickly
• Construction defects: Poor workmanship arising from failure to meet industry standards or building codes
• Subsurface defects: Soil problems that result in a lack of a solid foundation

Construction defect cases can include both obvious and subtle problems. Patent defects can be discovered by a reasonable inspection. Latent defects are more difficult as they can’t be readily observed during occupancy. For instance, consider a foundation problem that doesn’t become apparent until the foundation starts to crack years later.

Property owners should have a basic understanding of construction defect laws to help protect against these legal issues.

Examples of Construction Defects

There are many different types of construction defects. If you believe that there may be a construction defect in your home, it’s a good idea to hire an independent home inspector to assess the extent of the damage at the first sign of a defect.

Various defects may be present in a home. These can be minor problems that are easily fixed to major situations that render a home uninhabitable. Defects can originate in the design, planning, inspection, or construction phase.

Common defects include:

• Poorly designed roofs, leading to leaks or inadequate structural support
• Cracks in the concrete foundation
• Defective building materials
• Improper insulation
• Expansive soil, resulting in settling and cracked foundations
• Water intrusion and trapped moisture (often leading to mold growth)
• Poorly installed electrical wires
• Minor cosmetic issues like peeling paint

Toxic Mold

Poor craftsmanship and inadequate ventilation have serious consequences. They can result in the buildup of excess moisture, creating a perfect environment for various types of mold. Some mold—including what’s commonly called “black mold“—is very toxic. It can render a home uninhabitable or unlivable. Since the actions (or omissions) of homeowners also can result in mold growth, a homeowner must be able to prove that toxic mold was caused by:

• Poor design
• Defective materials
• Substandard workmanship

Who Is Responsible for a Construction Defect?

Several factors specific to each case determine liability for construction defects. For example, a defect resulting from poor workmanship may constitute negligence on the part of the construction firm. Claims also may arise from:

• Breach of contract
• Breach of warranty
• Strict liability
• Fraud

Different parties may share blame or liability for construction defects. Home builders and their subcontractors may owe you compensation for repairs. But you need to understand your rights and options, especially if you signed a real estate contract with a home builder. It’s often a good idea to get expert legal services to help you determine which parties are at fault.

Get Legal Help With a Construction Defect

In most states, homeowners have a limited time to file a claim for construction defects. Once the statute of limitations has expired, homeowners may be stuck with the defect. But some states may allow suits as long as they are filed within the time limit after the date of discovery. For example, you may not know the builder used a defective building material until you renovate your home and discover the defect.

If you have discovered a defect in your home and are considering legal action, a great first step is to speak with a professional. They can give you legal advice to help you learn more about your options and make an informed decision. They can also help you if you need to pursue real estate litigation in court.

Because state law is relevant, your lawyer should be licensed in the state where your home is located. FindLaw’s directory of construction real estate attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Many law offices offer free case evaluations.