Construction Law Overview

Building your own home is a spectacular achievement. Discovering your home has a flaw that reduces its value can be heartbreaking. So what do you do when there’s a problem with your new home? Read on to learn more about construction defect claims.

What Is a Construction Defect?

The term “construction defect” refers to any sort of problem with your home, including:

• Minor cosmetic issues
• Peeling paint
• Electrical problems
• A leaking roof

Patent defects can be discovered by a reasonable inspection. Latent defects are hidden issues that an inspection can’t find, like a foundation problem that only appears years later when settling causes cracks.

There are many different types of construction defects, including:

• Errors or omissions by the architect or design team
• Poor workmanship
• Manufacturing defects in building materials (for example, leaky defective windows)
• Soil problems that result in a lack of a solid foundation

You might want to hire an independent home inspector to check for damage as soon as you notice a possible construction flaw.

Can I Sue for Construction Defects?

Depending on your circumstances, you may have legal options available to you. The person legally responsible for the defect should fix the problem. You can file a lawsuit to recover repair costs or the loss in your home’s value.

Breach of Contract or Warranty

You may want to carefully review the construction contract for your home. You may be able to sue the builder for breach of contract if your home wasn’t built according to your contract or blueprints. Note that you must be a party to the contract in order to have standing to sue for the breach of that contract.

Also, review any warranties given to you by the builder. The builder may have promised to fix problems with your home for a set time, like six months or a year. If something goes wrong during this time, you might be able to ask for repairs under the warranty.

Negligence and Strict Liability

You may also be able to sue your builder for negligence. When building your home, the builder had a responsibility to work carefully and make sure your home did not have defects. If the builder breached that duty and caused you damages, you may be able to sue for negligence.

Depending on state laws, you might be able to sue the builder just because there are defects, even if the builder was not careless.

Some states place limitations on who can be sued under this theory. For example, in California only mass developers can be sued under strict liability. A local construction lawyer can tell you if you can sue the builder for defects under strict liability in your state.

Are There Time Limits for Filing Construction Defect Claims?

When addressing construction defects, time is of the essence. It’s important to find out your state’s deadline for filing a construction defect claim. This deadline usually starts when you find—or should have found—the problem.

You should also check if your state has a rule called a statute of repose, which stops homeowners from bringing claims after a certain number of years. This time limit usually starts when the home is finished or when you move in.. For example, Florida has a ten-year statute of repose to sue for latent defects.

Your contract may have rules about handling disagreements, like requiring arbitration or another way to solve disputes outside of court. These contract rules mean you must try to settle the issue out of court before suing. You should check if your contract has these rules before starting a lawsuit.

Get Legal Help with Construction Defects

Construction defect claims have a lot of moving parts. If you find a problem in your home and are thinking about legal action, it’s smart to first talk to a construction lawyer in your area. They can explain your choices and help you decide what to do next.