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Q: What causes a construction defect?

A: A construction defect can arise from a variety of factors, such as (poor workmanship) or the use of (inferior materials). Many arise from a combination of factors, including:

• Improper soil analysis and preparation,
• Site selection and planning,
• Civil and structural engineering,
• Negligent construction,
• Defective building materials.

Q: What are some of the most common types of construction defects?

A:The most common types of defects involved in litigation include:

• Toxic Mold and Fungus,
• Water intrusion issues,
• Electrical systems,
• Landscaping and soil,
• Faulty drainage,
• Foundation, floors, and walls,
• Roof covering,
• Flashing,
  
• Excessive roof weight,
  
• Roof rafter failures,
  
• Dry rot and Termite damage,
• Structural support failures,
• Construction Defects,
  
• Heating and electrical,
• Lack of Preventative Maintenance.

Q: How is a construction defect proved in court?

A: It depends on the defect. Some defects are obvious referred to as "patent," and other defects are hidden (not becoming apparent until years after the structure was constructed)... These defects are called "latent".
A successful construction defect litigation claim relies on testimony from experts who specialize in specific areas of construction. Experts investigate and evaluate the defect cause, providing recommendations for how to resolve them.

Q: What kind of damages can be recovered?

A: It depends on the facts and circumstances of your case, but in general the cost of repairs and the decline in the value of your home may be recovered. Additionally, other recoverable damages might include the loss of the use of property during the repair, the cost of temporary housing, court costs, and in some instances the attorney's fees if provided for in the contract or by your state's laws. Of course, any personal injuries resulting from the defect may be recovered. In some instances punitive damages may be assessed against the defendant if the court finds their behavior to be reckless and intentional.

Q: Who pays for the damages?

A: Typically the defendant's insurance company that was in effect when the damage was first noticed will be responsible for paying the damages. "Before hiring, verify the contractors liability insurance coverage"

Q: Who is responsible for construction defects?

A: There may be several responsible parties, but generally the responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction were manufactured by others. Architects, designers and other involved parties may also be defendants in litigation.

Q: Should I make repairs while the lawsuit is pending and can I recover those costs in the lawsuit?

A: Usually the homeowner or homeowner's association is required to protect property from sustaining additional damage. Such costs are recoverable in the lawsuit. Failure to perform routine maintenance and reasonable repairs can cause or contribute to additional damages, which could be offset from the owners claim and lead to the defense of "failure to mitigate damages".

Q: Can I sell my home during a pending lawsuit?

A: Generally homeowners are allowed to sell their home during the lawsuit but most states have a disclosure law that requires the homeowner to disclose to a potential buyer that the home is involved in litigation.

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Roof leak warranties are used as a tool to get your business, however, they generally limit the liability, and as such, many warranties may be littered with exclusionary and exculpatory language that greatly reduce the warranty value. Warranties have also been used as a bait and switch technique by "Low-Bidders" who promise to use high quality materials but in fact may use mix/matched products and/or products no longer manufactured.

Contract Terms and Conditions:

Construction contracts may contain a clause requiring the property owner to take out insurance to cover the risk of damage to the property, e.g., Owner shall have contractor listed as additional assured on fire and the comprehensive insurance policy by means of endorsement or shall furnish waiver of subrogation for fire and those items covered under comprehensive policy including vandalism, or shall purchase separate policy to protect contractors interest. Such clauses can have an unexpected effect on the property owner’s ability to recover compensation for negligence on the part of the contractor. This usually involves contractors inadvertently burning down buildings.
Also read: How to Choose a Contractor, Protect Yourself and Your Investment from Poor Workmanship Issues.