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What is a Construction Defect?

What is a Construction Defect?

A house is typically the most valuable financial and emotional investment in a person’s life. Not only is it a place to live comfortably, but it is also where families are raised, gatherings with loved ones are held, and memories are made.

However, many unsuspecting homeowners learn sooner or later that their new homes suffer from one or more construction defects, resulting in thousands of dollars in repair costs and loss of real estate value. On other occasions, homeowners and their families are forced to move.

Common types of construction defects involve the following factors:

  1. Structural failure
  2. Water damage or leakage
  3. Inadequate drainage
  4. Mold growth
  5. Dry rot
  6. Soil and landscaping issues
  7. Faulty electrical systems

A construction defect is generally caused by one or a combination of several circumstances such as the use of defective or inferior materials, poor workmanship, negligent construction, improper site selection, and inadequate soil analysis. The potentially liable parties include property developers, general contractors, subcontractors, designers, architects, and manufacturers of the construction material.

Over the last decade, residential construction has significantly increased to fulfill the high housing demand. Unfortunately, the rise in quantity has led to a decrease in quality since the mass production of homes were handled by many inexperienced general contractors. To get the job done fast, many builders take shortcuts or employ unskilled subcontractors. On the other hand, government inspection departments lack the funding to properly inspect homes, thus approving mediocre construction.

Some defects--known as patent defects--are easily detectable, while others--referred to as latent defects--are less obvious and only become visible years since the home was constructed. Construction defect claims in Connecticut are based on negligence, strict liability, breach of contract, breach of warranty, or even fraud or misrepresentation.

In order to succeed in a construction defect litigation claim, not only must you hire experienced legal representation, but also seek professional assistance from construction experts to provide testimony which supports your case. Your attorney can handle all of the paperwork and protect your rights and best interests through the legal process, while the experts investigate the defect to determine the source and the remedy to repair the defects.

The damages available in a construction defect litigation claim include:

  1. Repair costs
  2. The difference in the decline of value
  3. Loss of the use of the property while repairs were made
  4. Temporary housing costs
  5. Personal injury if the defect caused physical harm
  6. Attorney fees

When you file a construction defect claim, your damages are covered by the insurance company which was in effect once the damage was initially discovered.

For more information about construction defects in Connecticut, contact our Waterbury real estate attorneys at Fitzpatrick Mariano Santos Sousa P.C. today.

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