A construction defect is something that is wrong with the construction of a building, like a house. Defects may not be discovered by homeowners until years after they have purchased the home. There are both obvious defects that stand out (like a house being crooked) or hidden or latent defects (like a pipe having exposure to outdoor air due to a hole behind the drywall). Homeowners may not realize there is a defect until the pipe freezes or bursts. If a homeowner suspects a defect in his home, he should contact a professional law organization like The Jordan Law Firm immediately. Their experience dealing with construction defects will help homeowners understand their rights and responsibilities.
There are several types of defects including the use of low-quality building materials, design mistakes, technical mistakes, or shoddy workmanship. Any of these defects can affect a home’s foundation or structure, flooring, heating or electrical system, walls, the roof, or soil and drainage. The immediate problem often leads to a secondary problem that may be dangerous or difficult for a homeowner to cope with. For instance, roof problems may lead to flooding, mold damage, and damaged furniture or carpeting. In some cases, the defect may not be fixable at all, or by the time the homeowner realizes there is a problem, the damage is done.
Fighting Defects
Hopefully, you will be able to solve the problem without litigation. If the work has recently been done and you can go back to the contractor or subcontractor, he may be willing to fix the problem. If that is not successful, you will need to file a construction defect lawsuit. This is one of the more difficult lawsuits to prove and often involve a lot of expert testimony. The statute of limitations for construction lawsuits varies from state to state, so speak with your lawyer concerning the time frame of your particular problem. Remember, the sooner you seek legal counsel concerning the problem, the better.
How Can a Lawyer Help?
A lawyer who specializes in construction defect law is able to give you advice concerning your state’s regulations. The lawyer is also able to prepare the appropriate legal documents to file the lawsuit. He will clear up some of the popular misconceptions about construction defects so a homeowner will know what she is up against before the process begins. An experienced construction defect lawyer will explain:
- A homeowner can still sue even if a defect is not covered by a warranty: Homeowners should not give up just because they find a defect not mentioned in the warranty. As a matter of fact, it is possible for the homeowner to recover losses from developers, builders, general contractors, and sub-contractors for a variety of reasons that often do not appear in warranties. Among these reasons is breach of contract and negligence. An attorney who understands contract law and construction defects can help determine whether the homeowner is protected.
- Buildings may not be constructed properly just because they have a Certificate of Occupancy: A Certificate of Occupancy, sometimes called a C of O, is a document that verifies that certain minimum safety and building codes were met. Just because the local government — who establishes the codes — has deemed the building safe for occupancy does not mean it is completely free of defects.
- A home’s value will automatically decrease because of a construction defect: While it may be devastating to learn your home has a defect, even if it cannot be fixed, it does not mean your home is worthless. If the defect is corrected, most homebuyers rarely give buying the home a second thought. If the defect is not corrected, it may be something buyers are able to overlook if the home is safe and possesses the other features they are looking for. Home sellers must disclose defects they know about, and if the homebuyer feels he can live with the defect, it may not affect his purchasing decision. For instance, if door and window frames were hung incorrectly, but insulation is still sound and the mistake is not visibly obvious, a homebuyer may not be bothered by the defect.
If you have questions about construction defects and you believe a professional opinion will help protect you and your home, contact The Jordan Law Firm for assistance.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
