What do homeowners, hotel operators, and commercial
buildings have in common? They all rely on the safety,
soundness and quality of their property. Unfortunately,
some consumers purchase properties where serious defects
are present. Over the last few decades, a body of law
has grown up around claims concerning construction lawsuits
and is often referred to as “construction defect”
litigation.
Some of the most common construction defects involved
failing or leaking roofs, leaking or inoperable windows,
cracking or unleveled concrete, failing or cracking
walls, defective or improperly installed plumbing
or electrical equipment.
Buildings are construction products are sometimes
in violation of applicable building codes. Building
or construction products are sometimes built in violation
of plans or permits. Sometimes, building, construction
components or constriction products fall below industry
standards to such a degree they are considered “substandard”
for the construction of the particular building. Sometimes
building simply do no last as long as promised or
expected, or start to suffer cracks, leaks, and other
significant problems related to the building or construction
of the subject property.
Consumers are sometimes faced with significant costs
of repair for construction defects. Some developers
or sellers are willing to make repairs. If not, you
may have the ability to proceed with a construction
defect claim against the developer, seller, or the
contractors responsible for the construction of your
building.
In California, for example, the law provides a procedure
for consumers to recover the cost of repair and the
cost of the lawsuit. In California, Developers of
very large housing tracts may be strictly liable for
construction defects.
All states have statutes of limitation that limit
the amount time for a claimant or consumer to assert
a legal claim in court. Some of the laws concerning
statutes of limitation are complicated and they differ
from state to state. If you believe you may have a
claim, you should promptly preserve your rights or
you may forever forfeit any legal right to bring as
legal claim for any alleged construction defect.
