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Construction Defect Claims and Compensation: How Does It Work?

Posted in Construction Accidents on April 8, 2019

If an individual is injured because a home is constructed poorly, or utilizes damaged materials, they may be able to file construction defect claims.

These claims set to prove that the condition of the building is faulty or dangerous.

Causes of a Construction Defects

Construction Defect Claims - Nehora Law Firm

Construction defect litigation arises when there is a faulty condition in a person’s home which has ultimately reduced the value of the home.

There are a few conditions that are inherently obvious such as water damage, but unfortunately to many homeowners, not all defects are immediately obvious.

Many conditions are only evident until many years have passed since the property was originally constructed.

Construction defects can result from various different elements. While many can happen from a single error, many are defects are the result of a combination of elements.

These elements can include, but are not limited to:

  • The use of low-grade construction materials - Such as cheaply made wood beams
  • Poor engineering
  • Careless construction
  • Faulty site building
  • Inefficient planning

How to Demonstrate Construction Defect Claims in a Court Hearing

Demonstrating a construction defect will greatly depend on the defect itself. The following describes the two most common forms of defects:

  • Patent Construction 
    • These types of construction defects claims are those that are immediately apparent and obvious.
  • Latent Construction Defects
    • These defects are usually not immediately evident. These types of defects will not usually become apparent until many years have passed since the construction of the property.

If you are considering filing a claim for a construction defect on your property, consult with an experienced attorney who will have the necessary resources to acquire the testimony of expert professionals who can speak on the matter. These experts will survey and investigate the matter which can ultimately help to solidify your claim.

Types of Construction Defects

When filing construction defect claims, some of the most common forms of defects include, but are not limited to:

  • Mildew and mold growth
  • Issues caused by water damage
  • A faulty electrical system
  • A faulty landscaping
  • A defective drainage system
  • A defective property foundation
  • A faulty heating or electrical system

The Purpose of a Construction Defect Claim

When seeking to file a claim for a construction defect, there are various damages you may be able to recover. The amount of restitution will depend on your specific case. Generally, however, the following damages may be recovered:

  • The declining value of the property
  • The costs to repair the property
  • The cost of any temporary housing that was needed while the home was being repaired
  • Court fees
  • Attorney fees
  • Other punitive damages

Compensation for construction defects will depend on the specifics of the case. Further, certain state laws may also apply. In order to understand the full extent of the rules and regulations to filing a construction defect claim, speak to the Nehora Law Firm today.

Statute of Limitations for Defects

Scaffolding Leads to Construction Defects - Nehora Law Firm

Another important factor to consider when filing for construction defect claims is your state’s statute of limitations.

A statute of limitations is a law that sets a time frame of when a claim has to be filed.

There are various factors that determine a state’s statute of limitations.

In order to present a valid claim, it is vital to seek the assistance of an attorney. An attorney will ensure that your claim is filed in a timely manner.

We are construction defect attorneys and can assist you with filing a lawsuit for damages.

Get A Free Consultation:

Survivors of loss in Orange County can receive a free consultation about your claim with attorneys committed to aggressively represent your best interests.

We specialize in construction defect cases and have experience seeking compensation for clients who are managing the aftermath of one of life’s most traumatic events.

With the guidance and support of a team of professional and qualified attorneys, you can receive the compensation you are owed with regards to your lawsuit.


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