Taking possession of a newly constructed home or business location should be an exhilarating experience and a happy event for the owner. Unfortunately, far too many home and business owners face disappointment, inconvenience or even financial losses instead of the quality workmanship they believed they were getting due to the discovery of one or more construction defects.
In some cases, the defects are readily visible and able to be repaired relatively easily, but many construction defects are often considered to be latent, or hidden from sight. Latent defects are more difficult to find and often, costlier to repair. If the defect is more than cosmetic in nature, such as a defect that impairs the foundation, structure or systems of the home, it may even cause the building to be unsafe for occupancy.
What constitutes a construction defect?
Construction defects are caused by one or more factors including, but not limited to:
- Design, planning or site selection issues
- Soil analysis or surface preparation issues
- Engineering issues
- Defective materials or workmanship
Some of the most common construction defects noted throughout the Midwest involve the development of mold, which is believed to have serious health consequences for the occupants.
Mold routinely develops in areas where moisture is present and air flow is restricted, such as a leak within a wall, attic or crawl space. Common construction defects that allow conditions conducive to mold to form involve:
- Inferior windows or window installation
- Inferior workmanship or inferior materials used for roofing, siding, plumbing, etc.
- Poor drainage
- Design flaws that prevent proper air circulation
What should you do upon discovering a construction defect?
In many cases, the contractor’s insurance company will ultimately be responsible for paying for damages incurred by the home or business owner due to proven construction defects. However, the process involved can be difficult, especially for home or business owners who attempt to deal with the contractor on their own.
It is important to remember that most states have a statute of limitations and specific laws that determine how construction defects will be addressed. Home and business owners who believe they have discovered a construction defect in their structures should seek the advice of a reputable real estate attorney who can help them negotiate with the contractor and work within their state’s legal system to seek repairs or a monetary judgment.
Remember, time is of the essence when dealing with any construction defect, therefore consulting with a real estate attorney is an important first step in helping to ensure that your new home or business is safe and sound.