For most homeowners, their houses are one of their most treasured emotional and financial investment. It is more than just mortar and bricks to them. A house is a place where people live, raise up their families and rest. Because of this, people have some level of attachment to their homes. Unfortunately, most unsuspecting homeowners fail to look out for any construction defects their houses may have. These construction defects end up costing a homeowner a lot of money for the repairs. In some cases, he may have no option but to vacate the premises and the value of his property will decrease. It is advisable to be keen so as to detect toxic mold and hazardous flaws to enable the problem to be fixed and avoid injuries and losses. Also, having knowledge of real estate covenants, construction law among other law topics can come in handy. The information will assist the owner in knowing who is liable for repair by other parties involved and him. Also, he will know the time limit in which he can bring a suit in court. The article will seek to address the construction defect FAQ
The issue of what comprises a construction defect can be complex to a homeowner. He may not understand what causes the construction defect, who is liable for the defect, can he file a suit in court? He may not be aware of the statutory limitation of time regarding construction defect. It is thus recommended to consult a lawyer who specializes in real estate. All the same, the article has compiled a list of construction defect FAQ. The construction defect FAQ will assist a homeowner to expand his or knowledge on construction defect. For more information kindly contact an attorney.
What are the causes of construction defect?
The construction defect ranges from minor to complex problems. If a homeowner is faced with a minor construction defect, then he is sure that it can be fixed. However, major construction defects can make a house unfit for habitation. Typically, defects stem from planning, design, the construction phase or inspection. Below are some of the common mistakes spotted in homes.
• During construction, the constructing firm allows the use of substandard building materials.
• The appearance of cracks that are visible in the concrete foundation.
• Development of mold as a result of confined moisture and water.
• Poor installation of electric cables and as well as improper insulation.
• The roofs of the house may be designed poorly leading to insufficient structural support and poor leakages.
• Cracked foundation and settling that has been caused by the expansive soil.
How can construction defect be proved in court?
The owner may notice that some of the construction defects in his house are either latent (becomes noticeable years after the building was constructed) or patent (an apparent flaw). After consulting a lawyer, the owner will be in a position to file his claim appropriately. His claim can either be a patent claim or a latent claim. The court may require expert opinion to prove construction defect. The expert will submit a report to the court. The report will be based on investigations conducted on the plaintiff’s house regarding the house’s construction defect. The expert may give his recommendations on how the defect may be cured.
What damages can be recovered by the owner of the house?
It depends on a case by case basis. Normally these are the damages awarded to homeowners:
Loss as a result of the value of his home going down and the cost of repairs incurred.
Personal injuries sustained by him or his family members and loss of use of his property during repair.
The charge of his temporary accommodation, attorney’s fee in some cases and court costs.
Time limits for bringing a suit for repairs.
The time limit put by law varies from state to state. The time limit also depends on whether the defect is latent or patent. Most states provide that the moment a flaw is discovered, the homeowner should contact his house developer and afford them a chance to rectify the defect. Failure to do so results in him being sued.
Who incurs the cost of paying damages?
It is met by the defendant’s insurance company which was in effect when the defect was discovered.
Persons who may be liable for a construction defect.
They include developers, general contractors, designers, and architects.
Can a homeowner be allowed to sell his house when a construction defect matter is pending in court?
Yes, an owner can sell his house. However, in some states, the seller will be required by law to disclose the matter to his potential buyer.
Can a house owner claim the cost of repairing his house that has a pending construction defect matter in court?
In general, it is the owner’s duty to protect his house from experiencing more damages. The cost will be refunded back to him. On the other hand, his failure to repair his house leads to additional costs that may be paid from his claim.
Offers given by attorneys in the US
A homeowner who has noticed construction defect in his house should seek advice. He should seek legal advice from a law firm that has well-trained construction litigation attorneys. This is especially so if the house owner plans to file his case in court. Some law firms in the US guarantee their clients to do their very best in representing their clients. In addition, the clients will only pay after getting results. Law firms in the US guarantee to offer their clients legal guidance and competent representation in court. Construction defect cases are time-wasting, expensive and complex. Because of this, attorneys in the US are ready to assist a client through the litigation or a settlement of out of court. In every city in the US, a client will find the services of a real property attorney. Get in touch with the best law firms today to help a house owner in solving his construction defect issues. The best law firms dealing with construction defects, we endeavor to build strong cases for our clients based on negligence, breach of contract among other aspects.