Construction Defects Overview

If you are experiencing some symptoms in your home or building that you think may be a result of some kind of construction defect, it is essential that you read on. Below you will find a construction defect overview.

What is considered a construction defect and what should you do about it? Let's tackle defining a construction defect first. Depending to whom you ask, you will get a range of explanations of what a construction defect is. However, generally speaking, construction defects refer to issues with the structure design, poor materials used, inferior workmanship, and/or lack of consideration of the subsurface upon which the building stands.

Common Symptoms of construction defects

It is sometimes hard to determine exactly what the issue is and again, whether or not it is a construction defect or merely an annoyance that is an easy fix. You must first understand your symptoms. What exactly are you experiencing?

Are you seeing issues such as leaks streaming from your uniquely designed roof? At times, an architect may design a structure that although aesthetically beautiful, has flaws in its functionality. If you see leaks or moisture build up in your properly installed windows, this can be a red flag that the builder or contractor could have used poor materials. You may have a construction defect if you have cracks in your slab, the floor of your garage, or in your stucco or dry wall. If you see any of the previously mentioned issues or rotting wood, mold, pest infestations, plumbing issues, electrical problems, or other damage you should contact an attorney immediately. You may have signs of construction defects.

Non-Structural Causes

Construction defects are not always caused by the structure of a home or building, but instead can be the result of the land that supports it. When a structure goes up, part of the planning is considering what type of foundation, i.e. the land, it sits on. If the proper preparation of the land and the factors that go into building on a certain type of soil are not taken into consideration, construction defects are bound to develop. A good example of this subsurface defect is building on expansive soil. If the preventative elements necessary to build a stable house on generally unstable and/or expansive soil are not used, a homeowner will see severe cracks form, e.g. in the stucco, sidewalks, driveway, dry walls, ceilings, etc. Other effects could be a door that used to slam shut now doesn't close all the way.

This is simply a construct defect overview to help give you an understanding of what to look out for. If you have any of the above mentioned issues or are still uncertain as to whether you have a construction defect or possible signs of a defect, it is in your best interest to contact an attorney today.

How Construction Defects affect Condominiums, Townhomes and Homeowners Associations

There are numerous issues that can be categorized as a construction defect, and defects occur in varying degrees of severity. In addition, the definition of the construction defect can vary based on what type of home you have and if there is a homeowners association affiliated with it. This is why it is important to understand how construction defects affect condominiums, townhomes and homeowners associations.

Construction defects have impacted the condominium market in various ways. One theory is that there was a clear lack of quality workmanship put into condominiums being built in the "booming" 1980's. In the past, the liability of any construction defects discovered after the purchase of a property was shared between the seller and the buyer. New laws now in place have shifted the liability to the seller even if the defect was not discovered during construction. The same general notion applies for townhomes. Today, it is important to understand what constitutes as a construction defect and what your rights are in regards to dealing with it. It does not matter whether you are a condominium owner or a townhouse owner; you have the right to question your builder, seller, developer and any other professional that was part of this building process.

Some would argue that construction defect litigation happens too often. The fact still remains that if there is a construction defect in your home, it cannot be the fault of the home buyer. Litigation for construction defect cases has changed dramatically in the last twenty years. Many argue that it is the homeowners associations that are partly to blame for the increase in these types of litigation. This is hard to prove since there are very little statistics about this theory. Homeowners associations sometime argue that they are feeling the pressure of being accountable to their homeowners regarding their fiduciary responsibilities. The majority of these construction litigation cases settle before reaching court. But, for those cases that do go to trial, parties involved sometimes do not end with the homeowner and the homeowner association, but may include a general subcontractor, builder, and the many other professionals that took part in the building process.

Even homeowner associations have their own role. The homeowner associations, or HOA, as they are sometimes called, are often controlled by the builders or developers in the first year (maybe more) of the new home. Clearly, their goal is to make the least amount of repairs as possible. But, once the specified time period is over, the homeowner is then left with the responsibility of any potential problem and the repair bill that goes along with it.

On a more positive note, the many potential issues of construction defects with condominium and townhome developments has forced builders to make attempts to try to alleviate or at least decrease these types of construction concerns. Builders have improved their quality control process by using privately-retained inspectors that will review the city and county inspections while keeping detailed records. Builders have also begun offering long term warranties that will protect the buyer from certain construction defects.

It is essential to learn about how construction defects affect condominiums, townhomes and homeowners associations. It does not matter what part you are playing, whether you are a home buyer or member of a homeowners association, a construction defect can be a very hard issue to deal with without the proper knowledge and assistance. Do not wait; contact an attorney today to help you take the proper steps to protect your rights.

How Construction Defects affect Individual Homeowners and Neighborhoods.

The first step towards understanding the issue of liability that surrounds construction defects is gaining insight as to what is categorized as a construction defect and what is not. Once you have this knowledge, the next step is to understand how construction defects affect individual homeowners and neighborhoods.

Causes of Construction Defects

There are a lot of stresses that come with owning a home. Some are fun to deal with, like deciding what tree should be planted in the front yard or how big your garden should be. Unfortunately, however, there are sometimes issues with potential construction defects of your home. This is an issue that hits many homeowners across the nation. Urban sprawl has created a rapid growth rate of housing developments, and the number of construction defects has risen accordingly. It is how you handle these situations that will either make for a smooth process or a bumpy one. Either way, if you think you may have a construction defect issue with your home, you need to learn more about what rights you have and what you should do next.

Preventative Steps and Interior Signals

Recognizing whether or not you have a construction defect or simply a problem that needs a "quick fix" is your first step. For example, inspect your home carefully to see if you have issues with your roof. An architect may have an impressive roof designed that has no chance of working properly. Leaks or moisture buildup in your properly installed windows can also be a red flag that something is wrong. Look out for cracks in your slab, garage floor, stucco, or dry wall. Construction defects can also cause rotting wood, mold formation, pest infestations, plumbing issues, electrical problems or other damages. You should contact an attorney immediately if you have discovered any of these issues.

Exterior Signals

In determining whether or not a problem with your home could be a construction defect, you must also factor in the land upon which your house sits. Has the builder prepared the soil properly and does the house structure itself take into consideration the soil makeup? If this didn't happen, construction defects will be inevitable.

When a handful of homes have detected valid construction defects, the rest of the neighborhood could potentially be at risk, and neighbors will soon come to their own realizations. They will determine that they too may have construction defect issues, and this is especially true if they used the the same builder or built their home on the same type of land. Those neighbors that do not necessarily have evidence of any construction defect will still want to join the group who does. Their fear is if not now, they may see issues later, and this would be an astute observation. If the conditions are the same, i.e. same builder, same land type, they may see the same issues soon enough. Do not wait; contact an attorney today to help you take the next right step before the problem with your home makes it uninhabitable.

Soil, Slope Instability and other Geological Hazards Considered Construction Defects

Construction defects can be caused by issues such as a design deficiency, a material deficiency, a construction deficiency, and/or a subsurface or geotechnical deficiency. Soil, slope instability and other geological hazards are considered construction defects. If these issues are not dealt with properly, they can create serious and financially devastating consequences for a homeowner.

Protective Steps

First, determine if you have a potential problem with your soil makeup and how it is affecting your home. If you have a slope anywhere on your property, you should further investigate the current status of it and how it has or has not changed since the property was built. Although these issues originate outside the home, the impact or damage on the house can be quite severe and significant. No matter how minute the damage may appear to be, it is hard to determine what is happening under the house or behind the walls. There are other geological hazards that need to be taken into account as well. If the defect is there, it will not go away, and will probably get worse.

Determining the root cause should be done as soon as possible. This is because there may be a chance that the damage is covered by a warranty that builders are starting to offer. It is a warranty that goes beyond the typical warranty home buyers are used to seeing. It is instead, a long term warranty that helps protect the homeowners from some construction defect problems. This category of construction defects is quite vast. It is hard to determine if the defect you have witnessed in your home matches those who are claiming the same problems. There is a certain point where you must contact an attorney. Issues like construction defects can escalate rather quickly and therefore need a plan of action. Fixing the issue may be a solution, but not a permanent one. An attorney experienced in construction defect cases has the knowledge of what can be construed as a construction defect and thus take the steps necessary to prove your case.

The Reaction of the Building Profession

With the increase in construction litigation cases, builders are at least improving their own quality control processes. They are using third-party contractors to review the city and county inspections, and most builders are also keeping detailed records. Additionally, builders have begun offering long term warranties that will protect the buyer from certain construction defects.

Soil, slope instability and other geological hazards are considered construction defects. These types of defects can be quit serious, and sometimes quite dangerous. Timing is important with determining the appropriate actions moving forward. Do not hesitate to contact an experienced attorney to explain your issues. He or she will ask the right questions, and help you take the best next step to prevent serious loss or injury.

Roadways & Infrastructure Issues Considered Construction Defects

There are a large range of construction defects that affect a home and the land surrounding it. There are also roadways & infrastructure issues that are considered construction defects. Builders need to be aware of the topography of an area they choose to develop. Conversely, homebuyers need to understand their rights when moving into a neighborhood that may have potential for construction defects related to the roadways and infrastructure.

Builders' Duties

Housing developments are sometimes built where no other facility exists. This means there is no existing evidence of the potential building problems that can arise. This is a risk, but that risk can be alleviated. A builder would simply need to properly analyze the area to discover what potential problems, if any may exist. As a home buyer, you have the right to know what the results of this analysis are and what the builder or the developer are doing to take care of any concerns that were discovered.

Building next to a hill or a mountain is a red flag for a developer to find out what type of soil exists underneath the land. The soil could be collapsing soil or expansive soil, both of which require certain preventative construction strategies. Improper land preparation can result in flooding, mass movement, landslides and mudslides, all of which can affect a roadway and the surrounding infrastructure. There are building techniques that take these factors into consideration to minimize problems. If a developer does their job properly, then they can avoid a roadway wash-out that could create an undue burden on an entire housing community.

Consequences

Roadways & infrastructure issues that are considered construction defects are sometimes difficult to recognize. These types of defects could include but are not limited to street collapse, utility line failures, septic system failures, heaving roads, leaking irrigation ditches, erosions, underground water issues, rock falls, sinkholes, and landslides. These issues can escalate very quickly and become very dangerous and damaging situations. The safety of your neighborhood should be the top priority of any builder.

At times, unfortunately, it can be quite tiresome and frustrating to get something done, including an immediate repair. There are a lot of factors to consider and not knowing what those are can cause unnecessary delay. If you have what you suspect may be construction defects with your roadway and/or your infrastructure, it is essential that you contact an attorney today. An attorney with proper construction defect expertise will be able to advise you on what your best next step would be. Do not delay - contact an attorney today to minimize your risk and protect your rights.

Construction Material Failures and Product Failures

Everyday new buildings are constructed and new construction defects are discovered. It is unfortunate, but with these rapid housing developments going up daily, construction defects occur and that includes construction material failures and product failures.

Consumers purchase homes completely unaware of the construction material failures and product failures their home already has. A lot of us can recognize the visible construction defects such as leaking roofs, cracks in the concrete, moisture in windows, or electrical and plumbing issues. But what about the defects you cannot see, the ones that are beneath your house or within the walls.

When a builder decides to build, there are requirements, codes, permits, etc. put into place to ensure that the home they are building will be suitable to live in with minimal potential of construction material failures and product failures to occur. The reality is that builders and developers sometimes cut corners. This would include the choices they make when buying construction material or installing a specific product.

Builders have a wide selection of construction material to choose from and at times, they may choose material that would be considered as second-rate. With low quality material, the wear and tear may occur quicker and in turn affect other parts of the house. At first glance, the defect may appear as simply cosmetic, but there are more issues to deal with under the surface.

This same theory applies to products that the builder chooses to use in their homes. Again, to cut corners, builders will select products that are less expensive, but their cost savings may get passed on to the home buyer. Homeowners will begin to experience visible defects in their home because of the poor product quality used on the roof, within the walls, or under the foundation.

It can be overwhelming to deal with these construction material failures and product failures. Not only is it hard to even recognize the origin of the problem but there is the expense that goes along with this process. The ultimate goal is to make your house safe to live in and so many homeowners go through a lot of steps to ensure the issues are repaired quickly and correctly. But it is in your best interest to have legal counsel along the way. Working with an attorney that has expertise in construction defect cases can help you get your house repaired but also assist with making sure the correct person is held responsible for your defects. If you suspect you have construction defects in your home, whether related to construction material failure, product failure, or any other construction problem, contact an attorney today. A construction defect attorney is the best person to advise you on your next step.

Insurance Disputes about Construction Defects (support victim of defects)

Once you have discovered that you have construction defects in your home, there are a variety of steps that need to occur, including contacting your insurance company. Your home insurance carrier needs to be made aware of your construction defects as you move forward on a request for repairs and recovery of damages to personal items. This is not always an easy task since some insurance disputes are about construction defects (support victim of defects). In this litigious world we live in today, the reality is that insurance companies have made it more difficult to file a claim. Although there are many people filing false claims resulting in insurance fraud, there are still many consumers with legit claims. Unfortunately, false claims have made our work more difficult.

It is a trying time to deal with construction defects in your home. Your priority is to have your home safe for you and your family. To be able to deal with an insurance disputes about construction defects (support victim of defects), you need knowledge of the law as well as knowledge of building regulations in your area. It is hard to know when you need to take the next step to attain legal counsel to help deal with this and deal with your insurance claims. Your claim can also go beyond the boundaries of just trying to recover your personal assets to dealing with damage that will continue to affect the rest of the house.

Another important factor is having a clear understanding of your policy when an insurance dispute is about construction defects (support victim of defects). Do you know what is covered and what is not? What are the terms and conditions of your policy? What do you do now for your immediate expenses you will have to incur? How will the insurance deal with these expenses that would normally be subject to their approval or require use of their recommended contractors?

When you have to handle insurance disputes about construction defects (support victim of defects), you need knowledge of the law, knowledge of how insurance works, and above all, experience in negotiations and mediation. You need to select a law firm that has all of the skills mentioned above. This process is not easy nor is it ever smooth, but we will do our best to make it as expedient as possible for you and your family. If you are about to submit an insurance claim regarding a construction defect(s) or if you have already submitted a claim, contact an attorney today to help complete this process efficiently.

Potential Injuries, Losses and Claims from Construction Defects

It's not easy to understand the world of construction defects, especially if you are a first-time home buyer. It can be very confusing and overwhelming. You could have a home filled with obvious construction defects and some not so obvious. But the issues do not end with just the discovery of the physical damages to your home. It continues on to the potential injuries, losses and claims from construction defects.

Root of potential injuries, losses and claims from construction defects

Construction defects can result in damages to roofs, hardscape, walls, floors, plumbing, electrical equipment, and more. The damages can be quite severe and quite dangerous. The effects a construction defect can have on a person living in the home can be a small injury, a serious injury, or cause wrongful death. Mold or fungus, for example, can render someone dangerously ill. Other examples include faulty wiring, poor insulation material, or generally poor workmanship that can cause a fire.

Determining the Type of Construction Defect

The first step is to recognize what type of construction defect you may have before assessing the potential injuries, losses and claims from the construction defects. Keep in mind that determining if a problem in your house is a result of a construction defect can depend on the homeowners expectations, the builder's fulfillment of building code requirements and standards, the quality of workmanship, material and products used, and the how closely the architect's plans were followed. Once you have determined that you are suffering from a construction defect, the challenge will be to prove that it exists.

Getting Help with Your Potential Injuries, Losses and Claims from the Construction Defects

Certain construction defects can be so severe as to cause permanent damage to the home and harm the individuals who reside there. What happens when this defect causes personal injury to you or your family? When a defect causes personal injury in addition to other losses, a homeowner now has even greater challenges. The insurance system in regards to construction defects is not easy to understand. This is when you need a professional with experience of the law and insurance claims to be your advocate.

This advocate should have a background in mediation and yet a vast knowledge and experience in personal injury law and construction defect litigation. You must select an attorney as our advocate. Your priority is to care for yourself or the person who has been injured. Your priority is also to make sure that your house is a safe place to reside. You need to be able to rely on an attorney with the above-mentioned skills to be your advocate in this process.

The potential injuries, losses and claims from construction defects are easier to get through with someone who has years of experience in these matters. Don't hesitate to contact an attorney today. It can make all the difference in such a difficult time.

Construction Defect Lawyers are available in these States:

Cities and communities in Nevada (NV) Las Vegas, Summerlin, North Las Vegas, The Lakes, Queensridge.

Cities and areas in Arizona (AZ) Prescott, Phoenix, Scottsdale, Gilbert, Paradise Valley, Anthem-Parkside, Tucson, Casa Grande, Chandler.

Cities and communities in California (CA), Bakersfield, Sacramento area Elk Grove, San Diego area EastLake, Moreno Valley, Rancho Cucamonga.