A construction defect is defined as a deficiency in the design or construction of a structure as a result of the failure to design or construct in a reasonable manner, or in accordance with the buyers reasonable expectations. The most dangerous types of defects possess the capacity to fail, which may result in injuries or damages to the surrounding people or property. More so, many defects may pose no risk of injury or damages, however may cause harm to the property owner in the form of loss of use, diminution in value, and additional expenses caused while the defects were corrected.
The attorneys at Arguello, Hope & Associates represent both owners seeking legal remedies and contractors or builders defending against construction defect claims. Our attorneys believe in assisting clients achieve a fair trial no matter if they are a plaintiff or defendant.
To learn about your legal options, complete the “CONFIDENTIAL EVALUATION” on this page.
Types of Construction Defects
Prior to 2003, the United States Courts recognized two primary types of defects which a homeowner or homeowner association could recover damages for. These types of damages included any type of condition where the value of a home, condominium, or common area could be recognized as a defect in design, construction, workmanship, or a defect resulting from land movement.
The two types of defects include:
Defects in Design, Workmanship, and Materials:
These types of defects typically include a number of different factors. Some of the factors listed in this category include:
- Water seepage
- Siding and stucco deficiencies
- Slab leaks or cracks
- Faulty drainage
- Improper landscaping and irrigation
- Termite infestation
- Improper materials
- Structural failure or collapse
- Defective mechanical and plumbing
- Faulty electrical wiring
- Inadequate environmental controls
- Improper security measures or devices
- Insufficient insulation
- Inadequate firewall protection
These are simply a few defects, additional defects can be found in the signs of defects list below.
Landslide and Earth Settlement Problems:
These types of defects are typically related to the environment surrounding a structure. Some of these environmental factors include:
- Earth movement
- Expansive Soil
- Improper compaction
- Inadequate grading
- Underground water or streams
Often times, structural failures and earth movements can be extremely dangerous and have been recognized to present both personal injuries and a great amount of property damage exposure. Often times, landslides and earth settlements can cause a structure to collapse, or simply cause extreme damages to the structure.
Signs of Defects in Construction
As a few of the factors which contribute to the defects in design, workmanship, and materials were previously listed. There are additional signs of defects that homeowners and business owners should be aware of. These signs of construction defects could worsen if they are not attended to immediately and ultimately result in injuries or severe damage to one’s property.
Some signs of defects in construction include:
- Absence of gutters or downspouts
- Absent spark arrestors on chimney caps
- Cold or allergy symptoms not present before moving into new building
- Cracks in drywall, cabinets, tiles, or concrete foundation
- Decks that don’t properly drain
- Dry rot anywhere
- External patios and walls separating from house
- External stucco cracking, staining, or flaking
- Flickering lights
- Gas ranges fail to light or bur incorrectly
- Heating and furnaces fail to operate
- Irrigation systems cause flooding or ponding
- Loose, falling, or slipping roof tiles
- Loose, rusty, or rotting balcony railings
- Low water pressure
- Moisture or water leakage inside home
- Odd smells and odors
- Openings in attic crawl spaces between units
- Pest infestations through cracks
- Power breaker switches trip often
- Roof leaks
- Scalding hot water
- Settled water or flooding outside home
- Sidewalk, driveway, or garage slabs crack or begin to disintegrate
- Stains around windows, skylights, or sliding glass doors
- Stains in ceilings or walls
- Uneven or sloping floors or walls
- Water seeping in through the slab
- Wet slabs or moisture in crawl spaces
- Windows or doors do not properly close
Furthermore, construction defects may not always be caused by the construction company and can also be caused by the negligence of a homeowner. For more information, we welcome you to contact our law firm today.
Causes of Defects in Construction
Often times, defects in construction are a result of the negligent actions of a construction company or workmanship, however this may not always be the case, as some defects can be the result of the homeowners actions.
Some causes of defects in construction include:
- Building code violation
- Errors in design
- Incorrect subsurface preparation
- Negligent balcony and/or deck construction
- Omitted fire stopping
- Poor site preparation
- Slope instability
- Stucco and drywall separations
If you have experienced a defect in construction, or if you are in search of a construction defect defense attorney, we welcome you to contact our firm to begin exploring your legal options.
At Arguello, Hope & Associates, our attorneys have the knowledge and experience regarding design concepts, construction methods, construction industry surety, and insurance. Our team has a deep level of understanding of the roles and responsibilities of a variety of participants in the construction process, and the contractual, legal rights, and remedies of these parties.
For additional information about our construction defect attorneys, or if you believe you have a claim, we welcome you to contact us at 1-800-257-8676 today. Alternatively, if you would rather have our law firm contact you, simply complete the “CONFIDENTIAL EVALUATION” form located at the top of this page. All information entered will remain completely confidential.