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Legal protections from construction defects

| Jul 28, 2020 | Residential Real Estate |

Construction defects can be difficult for home and property owners to manage.  Legal resources can help protect homeowners and property owners from the impact of construction defects.  As a result, property owners should be familiar with the different types of construction defects and the legal resources available to help.

There are several different categories of construction defects including subsurface deficiencies, design deficiencies, materials deficiencies and construction deficiencies.

The different types of construction defects include:

  • Defects impacting the structural integrity of the building including concrete, masonry or carpentry defects;
  • Expansive soils and unstable foundations;
  • Mechanical defects;
  • Electrical defects;
  • Water intrusion which can result in mold problems and toxic mold in some circumstances;
  • Thermal and moisture protection defects;
  • Defects with doors, windows and glass; and
  • Defects with the finishes of the building.

Construction defects can seriously threaten the value and the use of the property.  Real estate laws protect homeowners, property owners and those considering the purchase of a property from construction defects.  There is a general duty that construction be performed in a reasonably workmanlike manner.  If this is not done, various parties from engineers and suppliers to contractors and builders may all be liable for the harm caused.

Different legal rights and remedies may be available to property owners depending on the situation and circumstances.  The different types of relief that property owners may be able to receive when utilizing the legal protections available to them, and that they should be aware of, include monetary damages, such as the cost of repairs or for the decline in value of the property because of the defects, as well as other damages that may be available depending on the situation and circumstances.

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