Legally, when does a construction defect exist?
When a building component (roof, doors, plumbing, etc.) and/or the surrounding infrastructure (sidewalk, soil, etc.) fail to perform the function intended or do not meet building codes.
If everything looks fine, can there still be defects?
Yes. Though construction defects that result in lawsuits are usually major problems that are already readily apparant, many times problems aren't found until the investigative process begins.
What are the most common indicators of a defect?
The vast majority of construction defects involve water intrusion. Staining from water intrusion is one of the most common signs, followed by cracking of walls and standing water. Buckled siding, cracked stucco and odors are also common indicators. If mold is present, a quick response to remedy the problem before it escilates is strongly suggested. Mold can be very serious and cause serious illness. Mold can easily spread and make the situation much more serious and expensive.
If you have a problem with a construction defect, what should you do?
The first step is to ensure the safety of anyone close to the area. As safely as possible the problem needs to be documented. As accurately and precise as possible, write down the description of the problem, including details of the location. If at all possible take pictures fo the defect. Next, check with neighbors or the association manager (if you have one) to see if others are having the same problem. If you live in a community where there is a home owners association that is responsible for maintenance, the association manager or Board of Directors may want to meet with your builder or its customer service representative. Many time the builder will cooperate with you and fix the problem(s), especially if your home is still covered by a warranty. The next step is if legal action is needed is to call a lawyer and Advise & Consult, Inc. to ensure that the problem is correctly diagnosed, fixed and that any deadline for filing a suit does not expire. We give you honest and straight forward opinions that let you know where you stand and what your options are. We not only know construction, we also know the legal process, so you will have the best information when talking with your lawyer.