Construction defects are a specific form of consumer fraud which may be more difficult to attribute to a single party or parties than other types of fraud cases, where the transgressor is sometimes more obvious. Furthermore, it takes an experienced and knowledgeable attorney to fully and justly evaluate all personal and financial damages which may result from construction negligence or defects. Fortunately for our clients, our consumer fraud lawyers have earned a reputation for tenacious defense of our clients' rights when it comes to construction defect lawsuits.

The following answers to the construction defect lawsuit questions we hear most frequently are designed to help individuals struggling with construction defects better understand their rights. For more information on this topic, we invite you to contact us for a free consultation.

What constitutes a construction defect?

Any time a condition in your home reduces the property value, that problem may be a construction defect. There are two types of construction defects: those you can see immediately (patent defects), and those which may not be immediately apparent but which cause problems months or years into the future (latent defects). Sometimes, it takes a highly skilled construction or engineering expert to determine the source of the defect causing the problems our clients experience.

What is the cause of my construction defect?

A detailed investigation by our team can reveal any number of problems which led to the defect behind the decline in property value our clients seek to resolve. Issues upon which we may base successful construction defect lawsuits include:

• Defective materials
• Poor selection of construction site
• Poor preparation of construction site
• Engineering defects or mistakes
• Poor drainage
• Defects with HVAC
• Flooding
• Mold
• Broken pipes or plumbing defects
• Structural issues
• Negligent or poor construction
• Insulation problems
• Foundation issues

Who is responsible for construction defects?

Just as it may be difficult for a lay person to determine the source of the construction defect affecting their property, it may also be difficult to appropriately assign responsibility for a construction defect. Defendants in construction defect lawsuits may include:

• Previous owners or realtors who failed to disclose known defects
• Contractors
• Sub-contractors
• Engineers
• Developers
• Architects
• Builders

Who is responsible for repairs to fix construction defects?

Even if you are a homeowner fighting the parties responsible for potential construction defects through a lawsuit, you are still responsible to protect your property and repair known defects. Actually, this is especially important if you are involved in a construction defect lawsuit, because the defendant can claim that you failed to mitigate the damages for which you are suing. While the costs of repair for a construction defect may be burdensome for homeowners, our attorneys can help them recover these and other costs through a successful lawsuit.

It is also important to note that if you know your home has a construction defect, you cannot avoid the costs of repairs by simply selling the home. Once defects are known, it is your legal duty to disclose all defects to potential buyers. Since the defect or defects will decrease the value of your property, it may still be wise to file a construction defect lawsuit even if you plan to sell so that you can recoup these losses.

Will a construction defect lawsuit compensate me for home repairs?

Yes. Not only will a successful construction defect result in compensation for the cost of repairs to fix a defect, you may also be compensated for:

• Decreased value of your property
• Cost of a temporary dwelling during repairs or due to unsafe home conditions caused by defect
• Loss of use of your home
• Legal and attorney fees

If it is determined that the defendant(s) acted in an especially negligent manner to cause your construction defect, you could also be awarded punitive damages designed to punish them for this negligence.

Talk to a Construction Defect Attorney

If you believe that a construction defect has caused damage to your home and reduced the property value, you could be entitled to substantial compensation. Working with an experienced construction defect attorney on our team will help you feel confident throughout the legal process and recover the full compensation to which you are entitled. To learn more, please contact us for a free consultation with an attorney you can trust.