Common construction defects

A defect, flaw or design error in the construction of a building can reduce the value of that building or pose a dangerous condition that must be corrected. The most common defects are attributed to plumbing, roofs, framing, finishes such as siding, stucco or drywall as well as soil that has not been compacted or graded properly. While these are the most common, many states have enacted laws that specifically define what is, and what is not, considered a construction defect.

Many construction defects can be detected immediately such as a crooked roof or a crack in a wall or foundation. However, others may take years to discover such as a slow water leak that existed at the time of construction, but wasn’t discovered until toxic mold formed a year later.

Who’s responsible?

That’s the question that everyone home or business owner wants answered. While most people think that the builder is responsible, in reality, the developer, the general contractor or the various subcontractors who worked on the structure may also be responsible. Knowing who can be responsible is sometimes half the battle. In many cases, a lawsuit may be filed against the one of the parties who, in turn, may bring the other parties into the lawsuit. An attorney whose practice focuses in construction defect law will be able to determine responsibility so that valuable time and efforts are not wasted.

What to do if you have a construction defect

Consumers who experience a construction defect should take steps to protect their interests such as taking photographs, keeping detailed records of inspections and phone conversations as well as all receipts and written documentation relating to the defect. When a defect is repaired, always make sure that a licensed contractor does the work. Contractors are generally required to be licensed by the state in which they provide services and should have a state-issued license number.

If you’ve been the victim of a construction defect, contact an experienced attorney whose practice focuses in this area of the law to discuss your situation. To contact an attorney, please click here.