Construction Defects and How You Can Resolve Them

Building a new home can be a lengthy, expensive process. In the end, though, property owners should be able to enjoy their new home without the concerns that come with buying an existing home.

Unfortunately, issues like construction defects can jeopardize this ultimate goal. Instead of moving in on time and avoiding maintenance costs right away, homeowners could find themselves faced with delays, added costs and concerns over the safety of their property. In these situations, you should know what you can do to resolve construction defects.

What are construction defects?

A construction defect is a flaw in the way a home is designed or built. Some common examples of defects include:

  • Flawed roof design that creates leaks
  • Inadequate structural support
  • Use of broken or inferior products
  • Poor workmanship
  • Faulty wiring
  • Plumbing issues that lead to water intrusion
  • Incomplete or inaccurate design plans

These defects can create serious problems for a home, from structural failure to mold growth.

If a homeowner, contractor or another party discovers a defect in a home’s construction, there are a few ways to resolve it.

Remediating a construction defect

Depending on the type of defect, and when it a party discovers it, there are various ways to remedy the issue. 

  • The party responsible for the defect will pay for repairs, replacements and other damages associated with the defect.
  • The liable party will perform the work to correct the defect.
  • The contract may be canceled.

Homeowners may be able to avoid filing a legal claim if the builder agrees to repair the defect. However, if there is a dispute over liability or whether a defect exists at all, a lawsuit can be necessary to secure a resolution.

Whatever the outcome may be, homeowners will want to understand their legal options and protections. This information can empower a person to take appropriate action and minimize the financial fallout of a construction defect. 

Practice Areas

  • Bankruptcy
  • Real Estate
  • Probate And Estate Planning

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