Has a construction defect reduced the value of your home?
Construction defects stem from a wide range of issues, like poor workmanship, the use of subpar building materials, and negligence during construction. Construction defects can cost homeowners thousands of dollars years after their home is built.
Construction defects can be obvious, like bursting pipes or faulty electrical wiring, but they can also manifest themselves in subtle ways and remain hidden for many years. The most common types of defects include:
- Water issues
- Electrical systems
- Landscaping and soil
- Faulty drainage
- Foundation, floor, wall, and roof cracks
- Dry rot
- Structural failure
- Heating and electrical
Construction defects can also be caused by a combination of factors. An expert in construction defects can investigate and identify the defect or defects that caused the problem. The expert will also explain how to fix the problem and how much it will cost.
The right construction defect attorney can help you find a reputable expert and ensure the people and/or companies responsible for the defect pay their fair share of repairs and other costs to the homeowner.
If you believe you’re the victim of construction defects, you may qualify to file a construction defect lawsuit. Contact the attorneys at McDonald Worley for a FREE case review.
CONSTRUCTION DEFECT LAWSUITS
There are many ways construction defects can manifest, but they generally fall into one of four categories:
- Design deficiencies
- Product or material insufficiencies
- Construction process failures
- Operation and maintenance issues
The builder or developer of the home is responsible for all defective conditions, even for the work done by subcontractors. Additionally, the architect and other design professionals are responsible for their work if the construction defect is caused by problems with the building’s design.
Homeowners, including homeowner associations who may represent those who own condominiums or a unit in tract housing, are entitled to restitution when construction defects cause problems in their homes. Homeowners should be aware that depending on the laws in their state, there is can be a time limit on how long they have to make a claim after they discover a construction defect.
Under some state laws, homeowners must notify the builder or developer of the construction defect and give them an opportunity to fix the problem. Additionally, some builders and developers have various types of professional insurance that can help remedy the problem.
Some issues may involve a contract or written or implied warranty. An experienced attorney can ensure that proper notice is sent to those responsible and help navigate the complex and confusing world of professional insurance, warranties, and contracts.
After successfully litigating a construction defect lawsuit, homeowners receive reimbursement for the value of the repair, the cost of repairing any damages caused by the repair efforts, the cost of repairing and rectifying any damages resulting from the failure of the home to meet construction standards, the cost of removing and replacing any improper repair by the builder, relocation and storage expenses, investigative costs for each established violation, and other costs or fees.
In the event that the defect caused personal injury, the builder/developer will be held responsible. Additionally, if it is established that the builder/developer was reckless or intentionally meant to cause the construction defect, the builder or developer will likely pay punitive damages to the homeowner. Any of the homeowner’s attorney fees or costs are also paid by the defendant builder/developer.
RESPONSIBILITIES OF HOMEOWNERS DURING A CONSTRUCTION DEFECT LAWSUIT
General contractors, developers, builders, and/or architects may be responsible for the construction defect that is causing damage to your home, but homeowners need to protect their property from sustaining additional damage. Those costs will be recovered during the construction defect lawsuit.
Homeowners should keep careful records of any cost incurred to repair any damage, as well as documentation of any contact with the builder/developer, and reports from inspectors and construction experts.
Even if the builder or developer responsible for the construction defect has gone out of business or declared bankruptcy, they can still be held responsible for the damages caused by the defect. Builders and developers are covered by liability insurance and recovery for construction defects will be paid by the proceeds of insurance policies. In these situations, it is important to carefully evaluate insurance coverage and the nature of the bankruptcy proceeding.
Homeowners can sell and can often refinance their home during a construction defect lawsuit, but homeowners are required to disclose any pending litigation to the buyer. Some states do not allow homeowners to refinance during a construction defect lawsuit, so it is important to consult with an attorney before doing so.
HOW DO I FILE A CONSTRUCTION DEFECT LAWSUIT?
If your home has been damaged by a construction defect, the first step is to meet with an experienced attorney. You will discuss your experience and find how an attorney can help protect you from the costs and frustration of construction defects in your home.
Initial consultations at the McDonald Worley law office are always free and confidential. To prepare for an initial consultation with an attorney, bring as much documentation as you can about your home and the damage caused by the construction defect, including the cost of related repairs, photographs, and inspection reports.
GET A FREE CASE EVALUATION
The attorneys at McDonald Worley are ready to help you with your construction defect lawsuit. We represent homeowners from a variety of states.
If your home has been affected by a construction defect, the attorneys at McDonald Worley can help you determine the steps you can take to protect your legal rights and get the maximum amount of compensation you are entitled to receive.