Klein & Wilson

Facing construction defect claims

Construction defects occur for many reasons. They might occur because a builder cut corners with supplies or procedures, but they can also occur because of an innocent mistake. Sometimes, construction defects may simply be the result of an unintended consequence of the environment. Whatever the reason for a construction defect, if the owner of a new property discovers the defect within a reasonable time period, they might take action against the construction company for restitution.

Construction defects also have a wide range when it comes to the cost associated with them. Some defects are very minor fixes that require a few minutes to a few hours of work to correct. In these cases, construction companies usually just fix the problem, especially if the defect was reported during a warranty period.

In other cases, the defect might be something that could potentially cost thousands of dollars to address. The new property owner might even claim that the defect makes the property uninhabitable. There might be a disagreement between builders and property owners that a defect even exists.

Because liability and lawsuits regarding construction defects are governed by very complex laws, working with a knowledgeable legal professional is important. This is true no matter what side of the issue you are on. Construction defect lawsuits comes with various statute of limitations that are different for each state, so even knowing whether it is the right time for a lawsuit can be difficult without experienced legal help. Proving where liability for a defect might rest is even more complex, and any construction defect case might involve many parties.

Source: FindLaw, "Construction Defect Basics," accessed April 29, 2016

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