Construction defect claims are a serious issue that can turn the dream of homeownership into a nightmare. When you discover shoddy workmanship, design flaws, or materials that fail to perform, you may have grounds for a legal claim against your builder or contractor. In this article, we’ll cover construction defect claims, including what they are, who can potentially be held liable, and how to protect your legal rights.
What is a Construction Defect Claim?
A construction defect claim is a legal action brought by a homeowner against the builder, contractor, architect, or other parties responsible for deficiencies in the design or construction of their home. Some common examples of construction defects include:
- Structural issues
- Cracked or settling foundations
- Improperly designed or constructed framing
- Insufficient structural support leading to sagging or collapse
- Water intrusion
- Leaky roofs, windows, or doors
- Improperly installed flashing or weatherproofing
- Plumbing leaks and sewage backups
- Electrical and mechanical problems
- Malfunctioning HVAC systems
- Overloaded or improperly wired electrical circuits
- Inadequate ventilation leading to moisture buildup
- Safety hazards
- Absence of required fire blocking
- Improperly installed gas lines or carbon monoxide detectors
- Missing handrails or guardrails
- Building code violations
- Failure to obtain required permits and inspections
- Use of substandard or non-compliant materials
- Inadequate insulation or energy efficiency
These defects often require extensive and expensive repairs to correct and can also pose health and safety risks to occupants. When they result from negligence or corner-cutting by builders, homeowners may have legal recourse.
Can You Sue Your Builder for Construction Defects?
The short answer is yes, in many cases homeowners can sue their builder for construction defects. However, the specific requirements and deadlines for filing a claim vary by state law. Most states have statutes of limitations that set strict time limits on when a lawsuit must be filed, typically within a certain number of years after the defect is discovered or should have reasonably been discovered. Our recommendation is to consult with an attorney early in the process to obtain legal advice.
Generally speaking, to prove a construction defect claim, homeowners will usually need to establish the following elements:
- The builder or contractor had a legal duty to perform work in a skillful, workmanlike manner and in compliance with applicable building codes and industry standards.
- The builder breached this duty by allowing defects to occur due to negligence, cutting corners, or poor workmanship.
- The defects caused actual damages to the homeowner, such as the cost of repairs, loss of use, or diminution in property value.
Gathering evidence to prove these elements is crucial to the success of a construction defect claim. This may require the assistance of expert witnesses, such as engineers or contractors, who can analyze the defects and testify regarding the applicable standard of care in the industry.
Does Homeowner’s Insurance Cover Construction Defects?
One common question homeowners have is whether their insurance policy will cover losses associated with construction defects. Unfortunately, most standard homeowner’s policies exclude coverage for faulty workmanship, design deficiencies, and wear and tear.
However, there are some important exceptions and nuances to be aware of:
- Resulting Damage: While the construction defect itself is typically excluded, many policies will cover damage that results from the defect. For example, if a leaky roof leads to water damage to your interior drywall and flooring, the policy may cover the cost of repairing that resulting damage (but not the roof itself).
- Other Policies: In some cases, other insurance policies held by the builder or contractor may provide coverage for construction defects. These may include commercial general liability policies, builder’s risk policies, or professional liability policies held by architects and engineers. An experienced attorney can help identify potential sources of coverage.
- Warranties: Many builders offer express written warranties promising to repair defects for a certain period after construction. While not an insurance policy per se, these warranties can provide an important avenue for seeking repairs.
Navigating the complex world of insurance coverage can be daunting, so it’s important to consult with professionals who can review your policies and advise you on your options.
Expert Witnesses: The Key to Proving Your Construction Defect Claim
Proving a construction defect claim often requires more than just pointing out visible flaws in your home. You will likely need to establish that those defects resulted from substandard construction practices and workmanship that fell below the applicable legal and industry standards. That’s where expert witnesses come in.
An expert witness is a professional with specialized knowledge and experience in a particular field relevant to your case. In construction defect cases, common types of experts include:
- Structural engineers who can analyze issues with foundations, framing, and load-bearing elements
- Architects who can opine on design deficiencies and code compliance
- Contractors and tradespeople who can spot deviations from standard construction practices
- Geotechnical engineers who can address soil and site preparation issues
- Building envelope consultants who can identify the causes of water intrusion and moisture problems
These experts can conduct thorough site inspections and forensic testing to identify the full scope and extent of defects. They can also prepare detailed reports explaining their findings and render opinions on the standard of care and causation of the defects.
In addition to identifying liability, experts can help calculate the cost of necessary repairs and the impact of the defects on the value of your home. They can also provide compelling testimony that judges and juries can easily understand.
When selecting an expert for your construction defect case, it’s important to look for the following qualifications:
- Relevant credentials and licenses in their field of expertise
- Extensive experience in the construction industry and with investigating defects
- Familiarity with the building codes and standards relevant to your locale and type of construction
- A track record of success serving as an expert witness in similar cases
- Strong communication skills and ability to break down complex issues into relatable terms
Get Help with Your Construction Defect Claim
If you suspect your home suffers from construction defects, it’s essential to act quickly to protect your rights and start gathering evidence. The first step is to consult with an experienced construction defect attorney who can evaluate your case and advise you on your options.
At Construction Experts, we have expert witnesses with years of construction experience and a history of providing analysis and testimony for construction defect cases across the country. Our experts have the specialized knowledge and the skills needed to help you build a winning case. Contact us today to discuss how we can assist with your construction defect issue.
The information provided or expressed at, or through, this site is that of the individual author who is not an attorney or legal expert, and does not, and is not intended to, constitute legal advice. Such information should not be used as, or be a substitute for, legal or other professional advice or recommendations. All information, content, and materials available on this site are for general informational purposes only, and use or reliance on such information is entirely at the risk of the user of such information. If you require legal advice or other professional assistance, you should consult licensed attorneys and other professional advisors in the relevant jurisdiction with respect to any particular legal matter and before making any important personal or professional decisions.
