What Recourse Do I Have Against A Home Builder?

There are many cases where a homeowner can sue a construction company, contractor, or homebuilder for poor quality of work. Lack of proper planning or construction can cause significant property damage from water leaks and cracked foundations, and may result in the homeowner having to leave the premises for weeks or months to allow for repairs.

While homeowners can potentially sue for any condition that reduces the value of their property, most construction defect lawsuits will fall into three categories:

• Defects in design, workmanship, or materials.  Poor construction and cheap or inadequate materials are a common basis of construction defect claims. A builder who cuts corners to save time or money is putting you and your property at risk of a variety of problems in the future, including faulty drainage, faulty plumbing, inadequate electrical wiring, poor environmental controls, improper security measures, poor insulation, and lack of proper firewall protection, and inadequate landscaping or irrigation.
• Structural failures. Any condition that leads to structural failure or collapse can have devastating financial and physical consequences. Problems such as water leaking through roofs, slab leaks or cracks, improper joists or weight-bearing walls, improper foundation construction, fallen ceilings, and termite infestation can all lead to substantial property loss and damage.
• Earth settlement issues. Construction companies and contractors have to pay special attention to land grades, water tables, and earth settlement conditions to make sure the structure will hold up in the surrounding environment. Landslides, expansive soils, underground water sources, improper soil compaction, poor grading, and improper drainage can cause internal damage to the house and can even make a home untenable.

HOW CAN I TELL IF POOR CONSTRUCTION IS TO BLAME FOR THE DAMAGE TO MY HOME?

In order to bring a claim against a construction company, you will have to provide sufficient evidence that the builder or contractor was negligent in his work.  To prevail on such claims, one might consider hiring a real estate expert witness to aid with your presentation of evidence to the trier of fact. Craig Cherney is a testifying real estate expert witness and attorney, and can be reached at www.craigcherney.com

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When can I sue a builder for construction defects in my new home?

 

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Disclaimer: This Post Is Not Legal Advice.

You should not ever depend on an online post for legal advice as the law and codes changes often, information sometimes might not be accurate, there can be exceptions to the rule, and wholesale reliance on such matters could be damaging. Always consult with experienced attorneys for current, effective, and factual legal advice.