• Myth #1: A certificate of occupancy means that the building was constructed properly. A certificate of occupancy, or “C of O” as it is commonly referred to, only signifies that certain minimum safety and/or building code standards have been met according to the city’s or county’s guidelines. These guidelines differ depending on where you live, but a home that receives a “C of O” does not mean that it was constructed properly or is free of defects.
• Myth #2: If the defect is not covered under a limited warranty, the homeowner can’t sue. While a limited warranty may be limited to specific construction defects and time constraints, it doesn’t mean that the homeowners don’t have a remedy against the builder. In fact, the homeowner may be able to recover from the builder, the developer, the general contractor or sub-contractors under several causes of action. These include strict liability, negligence and breach of contract. An experienced attorney will be able to determine what causes of action might be available in your situation.
• Myth #3: A home with a construction defect will always be worth less. While many homeowners believe that their home’s defect will forever be doomed for future sale, the truth of the matter is that most buyers who see that a defect has been corrected tend to overlook the matter. The key here is that the problem was corrected properly. Homeowners must disclose any known defects when listing a home for sale. Therefore, it’s best to correct the problem beforehand – even if that means filing a lawsuit against the responsible party to obtain those funds.

If you’ve experienced a construction defect and would like to know more about what options are available to you, contact a construction defect attorney to discuss your situation by clicking here.