A construction defect claim arises when there is something fundamentally wrong with the construction of the building, and the defect is rendering the building unsafe or unusable for the intended purpose. Construction defect claims can be brought against any party that is responsible for the issue, the developer, general contractor, or sub-contractor. A previous post discussed the different types of design defects. This post will address material deficiencies and construction and subsurface defects.
A material deficiency is any time that the contractor utilizes inferior materials and that inferiority results in significant problems. For example, leaks through the window, wallpaper that puffs, and mold. All of these issues suggest that inferior materials were used. Houses are designed to last for decades, and only superior materials can take your home for that duration.
Construction deficiencies occur when someone makes a mistake or cuts a corner. The most common construction deficiency is water infiltration and invading mold. Homes, especially in Florida, need to be built to withstand moisture and water build-up. Another common issue is cracking in the foundation because the soil wasn?t graded or the foundation was laid improperly.
A subsurface deficiency means that the foundation was improperly laid or the soil improperly graded. Many homes are built on unstable ground (moist ground or hillsides) and thus subsurface tilling is crucial to ensure the house sits on a stable foundation.
Have you noticed that your house or property is not functioning properly? Are doors unable to close, do you see cracks in the foundation or notice leaks or mold buildup? If so, you may want to contact a lawyer ? you could have a valid claim for a construction defect. An attorney can go over the nature of the defect in your house and help you identify the responsible parties, whether they are the general contractor or someone else. You shouldn?t have to pay to fix these issues, it wasn?t your fault, and it isn?t your responsibility. A lawyer can help you get the funds you will need to repair your home.
