Overview - Housing and Construction Defects
Oftentimes, construction defects are looming in places where homeowners cannot readily see them - in poorly constructed roofs, improperly installed central air conditioning systems, leaky basements and cracked foundations. These defects can cost homeowners thousands of dollars to fix, lower the market value of the home, and if severe enough, make the home unfit to live in.
If you believe a construction defect has impaired the value of your home, contact our firm today to speak with an attorney experienced in construction defect cases. He or she can evaluate your claim and help you determine the best way to pursue your case.
Types of Construction Defects
Generally, a construction defect may fit into one of four categories: design defects, material defects, workmanship defects and site defects.
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Design defects refer to deficiencies in designing the home, usually by an architect or engineer
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Material defects refer to problems with the type of materials used, such as the type of stucco roofing or quality of drywall used in the house, for example
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Workmanship defects refer to the quality of the work of the contractors and subcontractors in the actual construction of the home, and may include things such as improperly installed windows, roofs and heating and air conditioning systems.
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Site defects generally refer to problems with the land the home was built on, like houses built into hillsides that were not properly graded to protect against landslides.
It is important for homebuyers to have thorough inspections conducted of the home and land it is built on prior to completing the sale. However, even the most thorough inspection may not reveal every type of defect that could cause damage to the home. The most serious types of construction defects can be those that may not always be determined by a reasonable inspection. Known as latent, or hidden, defects, these may include:
- Cracks in the home's foundation
- Improperly installed roofs
- Cracked walls and infrastructure
- Leaky basements
- Defective and/or improperly installed chimneys
- Improperly installed heating, ventilation and air conditioning systems (HVAC)
- Garage defects (leaking, cracked foundation)
- Mold
- Dry rot
- Improperly installed windows and siding
- Improper grading
- Soil instability
- Poor drainage
- Lack of a potable water supply
- Defective septic system
Potential Defendants in Construction Defect Case
Construction defect litigation can be very complex. If the builder used contractors and subcontractors to construct the home, it may not be easy at the beginning of the case to pinpoint the responsible party or parties. Also, any parties named as defendants in a construction defect case may quickly seek to join other parties to the case as co-defendants. Additionally, it is not uncommon for construction defect cases to become class actions, particularly in cases where the defects complained of affect an entire division of condominiums, townhomes or housing development. Depending on the type of defect, some of the potential defendants may include:
- Builders/Vendors
- Developers
- Lenders
- Architects/Engineers
- Contractors
- Subcontractors
- Material suppliers
- Product manufacturers
Causes of Action
Homeowners seeking recovery for construction defects may be able to assert more than one claim against the defendants. Some of these claims include:
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Breach of express warranty - a warranty in the contract or deed was breached by the homebuilder, seller or other party to the contract
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Breach of implied warranty - the implied warranty of habitability and fitness was breached by the homebuilder in the sale of a newly constructed home
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Negligent construction - the homebuilder failed to construct the home in a reasonable manner, breaching his or her duty to the homebuyer
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Fraudulent concealment of a known defect - the homebuilder, seller or other party failed to notify the homebuyer of a known defect in the home which caused harm to the homebuyer
The types of claims that are ultimately made will depend on the type of construction defect, the facts of your case and your state's laws. An attorney knowledgeable in construction defect cases can help you determine the best claims to pursue.
Conclusion
If you are interested in learning more about construction defect claims, contact our firm today to schedule a consultation with an experienced attorney.
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