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Construction defects in a home and establishing liability

On Behalf of | Jan 20, 2025 | Construction Litigation

Construction defects can be a homeowner’s nightmare, presenting a complex web of legal challenges that require careful navigation. Whether it’s a leaky roof, cracking foundation, or faulty wiring, these defects can lead to significant financial and emotional distress. Understanding the legal framework surrounding construction defects is essential for both homeowners and contractors, as this ensures both parties are aware of their rights and options when and if a defect is discovered.

Common construction defects

Although it would be ideal to have your newly constructed dream home constructed to perfection and without any errors or defects, this is unfortunately not always the case. Minor defects can often be quickly fixed and cause little to no financial setbacks; however, other defects, especially major defects, could result in costly repairs, a depreciation in value and even cause owner to leave their home temporarily or even permanently.

The list of construction defects is extensive; however, any type of defect will fall within one of four defect categories. This includes design defects, material defects, construction defects and subsurface defects. With this in mind, common construction defects worth noting include faulty electrical system, toxic mold contamination, cracks in the roof, leaking pipes, structural failures, code violations and substandard workmanship, leading to property damage.

Establishing liability and filing a claim

Because many parties are involved in the process of constructing a home, it may not be immediately apparent which party or parties are responsible. These parties often include contractors, subcontractors, architects, suppliers and manufacturers.

Once the liability is established for the defect and the appropriate party or parties are identified, determining the proper cause of action for your construction litigation matter is necessary. For these matters, this often includes negligence, strict liability, breach of contract and breach of warranty. The cause of action taken is dependent not only on the defect involved but also the factors that led to that defect.

A civil action concerning construction defects can be complex, especially when it comes to establishing liability. As such, it is imperative that you understand your rights, the responsibilities of all parties involved and the possible legal remedies available.

From identifying potential defects to pursuing a claim, a legal professional can guide you through the critical steps necessary to protect your home and legal rights and secure compensation for the losses and damages suffered.