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Common construction defects that lead to litigation

by | Mar 16, 2017 | Construction Law |

When completing a construction project, you may feel like you have all of your bases covered. Unfortunately construction defects can not only lead to dissatisfied customers, but can also lead to lawsuits as well. These defects lower the value of the property owner’s home and often times this will lead them to seek compensation.

Common construction defects

Construction defects can become apparent immediately after the completion of the project or may not be noticeable until years later. Defects can be caused by improper planning, deficiencies in workmanship, or substandard or improper materials.

Some of the most common construction defects that can land companies in court include:

Water leak issues

Water seepage issues often occur as a result of leaky windows or improperly designed or sealed roofs. This is often found in areas of the roof where valleys of seams occur and can be due to improper flashing. Water seepage issues can not only lead to damage to the walls and floor of the home, but also can lead to the development of mold, which can cause health as well as home resale problems.

Cracks in walls and foundations

Cracks or imperfections in walls and foundation can cause significant structural damage to a home and may lead to costly repairs to prevent shifting and movement. Problems with walls and foundations are typically the result of poor site selection or soil analysis and preparation. This type of defect can often cause a severe hindrance when trying to sell a home.

Electrical system complications

Defects found in home electrical systems can not only lead to code violations, but can also be a safety issue as well. These types of defects can include wiring that gets hot when in use, faculty or overloaded circuit breakers that continually shut off, power outages, or appliance failure. The most common cause of electrical defects is poor planning.

Presence of dry rot

Dry rot is a fungal decay found on wood that can lead to crumbling wood structures including studs. It can cause significant structural damage to a home as it spreads over time, completely destroying walls or floorboards. Dry rot is often caused by poor ventilation as well as an increase of moisture in the room.

How can an attorney help?

When a homeowner has a complaint of a construction defect, it not only affects your reputation, but the financial health of your company as well. A lawsuit for a construction defect can include damages for repairs, loss of value to the home, temporary housing, court and lawyer fees, and in some cases punitive damages.

A lawyer can not only help you with acquiring experts to assess the causes of the damage, but can also defend you against punitive damages that may be levied if the court finds the that the defect was due to recklessness. If you find yourself in litigation for a construction defect contact an attorney to protect your rights and the reputation of your company.