When a family buys a newly constructed home, it is usually a time of joy and celebration. The last thing on their mind is that they will have to repair the new building or that there is some type of defect that is causing damage to the value. Unfortunately, many developers, contractors, subcontractors, and suppliers make mistakes while working which can lead to construction defects that affect the use and enjoyment of the home. It can also drastically affect the value of the home.
There are many forms of construction defects and failures: construction deficiencies, design deficiencies, material deficiencies, and subsurface deficiencies. Construction deficiencies are often found when there is a failure to construct a home in a reasonably workmanlike manner, or when the structure doesn’t perform as intended by the buyer.
Typical design deficiencies involve a failure by a design professional to build within a specific code. For example, if an architect or engineer fails to consider the need for particular protections against moisture in designing a roof, water penetration, poor drainage, and water intrusion may result.
Material deficiencies include the use of use of inferior building materials. This can result in significant problems such as windows that leak or fail to perform and function adequately, deteriorating flashing or building paper, waterproofing membranes that are inappropriate for the project’s location and inferior drywall or any other products that do not work for projects in that area or that work improperly with another element.
Subsurface deficiencies can occur when developers or designers unfamiliar with the soil conditions, build in an area construct in out-of-state areas. This can lead to improper compacting or inadequate drainage possibly manifesting in the form of cracked foundations or other damage to buildings.
If a person notices any of these problems, they may have grounds for a lawsuit against a developer, designer, builder, subcontractor, or suppliers. These causes of action may include breach of contract, negligence, breach of warranty, and breach of implied warranty. If you need additional information on this subject, contact Rhon Jones, a lawyer in our firm, at 800-898-2034 or by email at Rhon.Jones@BeasleyAllen.com.
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