Home Construction Defects and Homeowner’s Remedies

Home Construction Defects and Homeowner’s Remedies

Buying a home can be stressful, especially when construction defects are later discovered. Homeowners and potential buyers often encounter issues with the construction or the condition of their new home.  This leads to numerous critical questions. To help explain some of the main issues that arise, this article addresses several common issues about construction defects.  This is the first of a series of articles regarding the impact of construction defects, and are designed to help provide an understanding of a homeowner’s remedies for home construction defects.

What is a Construction Defect?

A construction defect signifies a flaw or deficiency in your property that proves detrimental to its intended use or value. It might be as small as a chipped paint job, or as threatening as a structural failure like a cracked foundation or failing roof. Regardless of scale, recognizing these defects is the first step to resolution and maintaining your property’s worth.

The Most Common Types of Construction Defects

Homes can encounter a variety of construction issues, with some of the most prevalent problems including:

• Foundation issues: Settling or cracking can signal severe structural problems, which left unresolved, can lead to total failure of the structural integrity of the home.
• Roof and window leaks: Which can lead to water damage and potential mold growth.
• HVAC complications: Resulting in uncomfortable living conditions and energy inefficiencies, and which may also lead to mold or other environmental health hazards.
• Plumbing and electrical issues: That not only inconvenience residents but can pose health and safety risks.

These home construction defects, among others, can have substantial implications for homeowners.

Identifying Construction Defects

Using a qualified home inspector is your first opportunity to uncover defects; a professional eye can uncover issues beneath the surface that may not be immediately apparent to the untrained observer.  However, some defects may not be apparent until sometime after homeowners move in.  It is important to keep an eye out for cracks in walls or floors that may develop, discoloration in ceilings or walls, or a musky or moldy smell.  Spotting issues such as these may notify a homeowner that they have home construction defects which, if not addressed promptly, may lead to significant damage to your home, or even safety issues for you and your family.

Determining Responsibility for Construction Defect Repairs

Determining who’s at fault for construction defects can be as challenging as identifying the defects themselves. This will involve reviewing the work and products of contractors, developers, material suppliers.  Determining liability often requires a professional assessment and, in many cases, legal intervention.

Proving a Construction Defect

To substantiate a claim of construction defect, one must demonstrate that the defect was due to the builder’s negligence or breach of contract, which can be painstaking. It often involves collecting evidence, securing expert testimony, and a thorough documentation process to validate your concerns.

Filing a Claim for a Home Construction Defect

When faced with a home construction defect, protecting your rights is pivotal. It typically begins with a demand letter to the builder or responsible party, progressing, if necessary, to legal action. Understanding the appropriate steps and the involved paperwork is essential.

The Statute of Limitations for Construction Defect Claims

Timing is critical when it comes to construction defect litigation. Texas imposes a statute of limitations that dictates when a claim must be filed, generally within a few years of identifying the defect. In some cases, the time to file suit may be as soon as 2 years from the date of purchase.  Exceptions exist, but legal counsel’s guidance is often necessary to navigate these time-sensitive issues.

Selling a Home with Pending Home Construction Defect Lawsuit

A pending lawsuit doesn’t stop the sale of your property, but it does require transparency. Potential buyers must be informed of known defects, which may impact the selling price or conditions of the sale.

Conclusion

Home construction defects are a reality of homeownership that cannot be ignored. From the moment a defect is suspected to the resolution of a claim, awareness and proactive measures are critical. Proper legal representation provides an understanding of a homeowner’s remedies for construction defects. This information allows a homeowner to make an informed decision of their options, thereby providing peace of mind as you navigate the complexities of real estate and construction law.

Selecting a skilled legal practitioner specializing in construction law can significantly impact the outcome of your case. Experience, success rate, and knowledge of the applicable laws are factors to consider when entrusting someone with protecting your home and legal rights. If you have any questions or need legal assistance, don’t hesitate to reach out to us at Nunis & Associates. Your rights are our priority.