Construction Defect

When constructing all or part of a home or other building, the tradesperson or company hired is required to perform the work in a reasonably skillful and workmanlike manner, accepted as a trade standard. When this fails to happen, it can be due to a construction or design defect.

Construction defects can be obvious or hidden. They can be discovered a short time after construction, or sometimes months or even years later. Common types of construction defects can be found in:

• Roofing or window components, such as flashing, shingles, tiles or waterproofing, resulting in leaks;
• Stucco or siding, resulting in cracks or leaks;
• Cement slabs in the floor of a home, garage or other building, caused by improper pouring or site preparation and compaction, resulting in shifting or movement, shifting, moisture penetration or premature cracking or deterioration;
• Interior floors, walls or ceilings, resulting in cracking, sagging or bowing;
• HVAC or plumbing systems, resulting in leaks;
• Patios, balconies, decks or porches caused by improper pitch or installation, resulting in water pooling, ponding or water penetration into the building;
• Showers and tubs caused by improper installation, resulting in leaks;
• Defective mechanical systems;
• Termite or pest infestation;
• In-ground pools, resulting in underground leaks; or
• Fencing, resulting collapse and other failure of its components.

There are certain procedures and legal requirements with which a property owner must comply before resorting to a lawsuit for a construction defect. It is always our goal to use these procedures to resolve the dispute in our client’s favor and avoid litigation.  However, our firm has the knowledge and experience to move forward, into litigation, if necessary to hold the at-fault party accountable.