What is a Construction Defect Claim?
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
It may help to know what a construction defect is before beginning to understand the specific elements of filing a construction defect claim. While the exact legal definition may vary from state to state, generally construction defects include defective design, errors with workmanship, incorrect materials, and/or some other aspect of the construction process of a building or structure that results in damage to a person or property. In this situation, the injured party could be eligible to file a construction defect claim against the person responsible for the defect that caused them harm.
Some common types of construction defects include the following:
- Structural integrity defects. This includes errors in the concrete, masonry, carpentry, and/or unstable foundations which weaken the stability of the structure.
- Inferior building materials. Using improper or inferior materials in the construction process can result in leaks, inability of that part of the construction to serve its purpose, and weaknesses in the overall strength of the building.
- Subsurface defect. When the surface under a building is not naturally suited to having a foundation built on top of it, this is often considered expansive soil and must be treated in order to make it possible to build a sufficient foundation on top that will not slide or crack.
- Workmanship error. Mistakes made by workers involved in the construction process can result in severe structural issues and construction defects.
- Electrical defects. Improper electrical wiring of a building can result in serious hazards such as fires and electrocution.
- Water intrusion and/or toxic molds. Insufficient materials, defects in doors and windows, and broken foundations are just a few ways that water can work its way inside of a structure allowing for the growth of toxic molds, not to mention water-damaged property.
- Thermal and moisture protection. This refers to insulation and other means of maintaining the temperature and humidity inside of a structure. Improper insulation, house wrapping, or drywall can all cause issues with thermal and moisture protection.
- Door and window defects. These defects can result in leaks, which can lead to property damage and the growth of molds.
When one or more of these defects results in harm to a person or property damage, the party responsible for ensuring the quality of that particular aspect of the construction process could be held liable to pay the resulting damages.
If you or a loved one were injured or experienced property damage as a result of a construction defect, you might be eligible to file a construction defect claim.
If this sounds like your situation, you could potentially take legal action in the form of filing a lawsuit to pursue the cost of repairing the defect, loss of value to the structure as a result, in addition to the cost of the actual personal or property damage. However, there are often many parties involved in the construction process, along with many contractual agreements between contractors and property owners, so it’s a good idea to talk to a construction defect attorney before taking action. The majority of construction defect attorneys offer free consultations and work on contingency of a successful claim. These attorneys will know what evidence to look for and obtain to prove what defects exist and who is responsible for them. To learn more about construction defects or your eligibility to file a construction defect claim, seek legal counsel.