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What Is a Construction Defect?
Problems like peeling paint, a cracked foundation or toxic mold can threaten a homeowner's most valuable asset -- their house. These problems are called construction defects.
December 09, 2011 /Law and Legal PR News/ -- What Is a Construction Defect?
For many Coloradans their home is their most important investment. However, problems like peeling paint, a cracked foundation or toxic mold can threaten a homeowner's most valuable asset. These problems are called construction defects. Construction defects can pose a threat by lowering the value of the home, requiring homeowners to make expensive repairs or forcing homeowners out of a no longer habitable home. This article will discuss what a construction defect is, what common construction defects are and the causes of common construction defects.
The Definition of Construction Defects and Their Causes
Generally, a construction defect is a condition in a home that reduces its value and can include any deficiency in the home's design, construction, materials used for construction or supervision of construction. There are four common categories of construction defects. They include design deficiencies, material deficiencies, construction deficiencies and subsurface deficiencies.
A design deficiency is normally related to the failure of the building to be constructed according to the area's specified code. A common example of a design deficiency is a faulty roof which can cause improper drainage and water damage to the structure.
A material deficiency is the use of poor-quality building materials. An example of a common material deficiency is the use of inferior drywall.
A construction deficiency is the failure to construct a building in a reasonable workmanlike manner. A typical example of a construction deficiency is water infiltration that allows for the growth of mold.
Finally, some areas of Colorado have expansive soil conditions that can cause cracked foundations and other structural damage. A subsurface deficiency occurs when the ground is not properly compacted and prepared for drainage. A common example of a subsurface deficiency is when a structure improperly settles.
Common Types of Construction Defects
The most common and high-cost construction defects include:
-Water issues
-Foundation, wall, floor and roof cracks
-Mold
-Faulty drainage
-Dry Rot
-Structural failure
-Electrical systems
-Heating
-Landscaping and soil
Discovery of a Construction Defect
If a homeowner discovers a construction defect, she or he may look to the builders of the home even if the construction of the home was completed by subcontractors or if defective materials used during construction were manufactured by other parties. Developers, designers and other parties involved in the construction of the home may also be liable.
Homeowners should continue to complete routine maintenance and regular repairs if a construction defect is discovered. Failure to complete normal repairs and routine maintenance can contribute to further damages and may impede the homeowner's ability to recover.
The amount of recovery for a construction defect depends on the circumstances of the case. Generally, a homeowner can recover the cost of repairs and the decline in home value. A homeowner may also be able to recover the cost of temporary housing, the loss of use of property during repair, court costs and in some cases attorney's fees.
If you live in Colorado and believe your home has a construction defect, contact an experienced Colorado construction law attorney to consider your options.
Article provided by Elkus & Sisson, P.C.
Visit us at www.constructiondefectslawfirm.com/
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