Important questions to ask about construction defects

When a property owner has encountered defects with a property they own or are considering purchasing, there are some important questions they should make sure they have answers to. Understanding construction defects and construction defects law, which can be a complicated area of the law, is important for property owners facing struggles associated with construction defects.

To begin with, construction defects can lower the value of the home or property and may be obvious or may not be immediately obvious, which is referred to as a latent defect, so it is important to know the potential defects that are out there and be on the look out for them. Construction defects can include mold and water intrusion issues; poor landscaping or soil problems; faulty drainage; cracks in the foundation, floor, walls or roof; faulty electrical systems; heating problems; dry rot; and structural failure, among others.

Knowing the causes of construction defects is also important. The causes of construction defects can include improper analysis of the soil and preparation of the same; improper site selection or planning of the site; problems with the civil and structural engineering; negligent construction or project management; and defective building materials. A construction defects claim may allow the property owner to recover compensation to repair the defects and for the diminished value of the property.

A variety of parties may be liable to compensate the homeowner including general contractors, developers, builders or other construction professionals and it is important to also keep in mind that there are strict time limits associated with a construction defects claim that vary by state that the owner should be familiar with. Because damages available in a construction defects claim are unique to the situation, and construction defects claims can be complicated, it is important to have trained guidance through the process.

Source:, “Construction Defect FAQs,” Accessed May 17, 2018

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