Legal Basics When You Find a Construction Defect in Your Home

A house is generally a homeowner’s single most valuable financial investment. It is also one of the most important emotional investments.

Unfortunately, unsuspecting homeowners often discover their new home has a construction defect. Any defect could cost thousands of dollars to repair, depreciate the value of your home, or force you to leave your home. You can read the frequently asked questions about construction defects.

Seek the advice of an attorney if you believe the damages to your home are the result of a construction defect. This may need to happen quickly before you lose your right to seek legal action from the responsible parties.

Types of Construction Defects

Defects in construction cover a broad spectrum of issues that range from:

• Minor problems such as popped nails and peeling paint

• Situations where a house must be demolished

• Leaky windows

• Toxic mold contamination

• Faulty design

• Faulty building materials

• Code violations

• Cracked foundations

• Substandard workmanship

• Unsafe structures

• Poor structural support

• Water intrusion

Often, houses are constructed quickly to meet high demand. Many general contractors are inexperienced or mass-produce thousands of houses. The home construction industry is intensely competitive.

Many builders respond to the competition with low bids for contracts. Then they may cut corners and hire an unskilled or overworked subcontractor. They might also poorly supervise subcontracted work.

Government inspection departments often lack the funding to inspect homes. This can lead to them often approving below-par construction. The combination of these factors results in homes that are built with serious defects.

Limits on Potential Claims

Most states impose time limits on construction defect claims. Limits come from Statutes of repose and Statutes of limitations.

Statutes of repose specify the time period within which a cause of action can arise at all. Under these statutes, the limitation period may expire before the plaintiff’s cause of action has arisen.

Statutes of limitation foreclose suits after a fixed period of time following the occurrence or discovery of an injury. These statutes are complex and vary from state to state.

Patent or Apparent Defects vs. Latent Defects

Construction defect litigation is complex. It may involve several defendants, including insurance companies. It may involve many legal theories.

The legal advice for your case may vary based on the property damage and the type of defect found.

Patent or Apparent Defects

If the defect is patent or apparent based on reasonable inspection, the action against a defendant must begin within the time period specified by state law.

Latent Defects

If the defect is latent or not readily apparent by reasonable inspection, any action to recover damages generally must be within ten years after improvements are substantially completed.

When Should I Seek Legal Help for My House?

In most states, the time limits begin to run when the defect is discovered or “should have been discovered by a reasonable person.”

Most states impose complex time limits on when a claim may be brought. If you believe your home suffers from a defect caused by the builder or another party, protect your rights.

FindLaw’s directory of construction defect attorneys makes this easy. Just click on your state and city to see attorney ratings. From there, you can select attorneys that interest you to see their contact information. The directory can help you easily find qualified legal advisors in your area.