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What should I expect in a construction defect case?

Watching your dream home be constructed from the ground up can be one of the most exciting events of your life. During the construction process, there are thousands of elements that must come together to properly complete the project. However, sometimes issues arise that make it necessary to put the project on hold in order to properly address any problems or concerns. When these issues go unaddressed, homeowners may experience construction defects down the road, after completion, that could turn their dream home into a nightmare.

Every step of the construction process has the potential to cause a defect. Poor workmanship, inferior materials or improper preparation are just some of the contributing factors to these issues. Even though many construction defects are immediately obvious to the homeowner, there are several extremely damaging defects that may not make themselves known to the homeowner for several years.

Construction defects that are obvious to the homeowner are known as patent defects. Defects that remain hidden from the homeowner for several years are called latent defects. Both types of construction defects may be somewhat difficult to prove and typically rest solely on the expert testimony of specialized construction defect professionals.

During a construction defect litigation case, defects are investigated by these specialists to identify the true cause and severity of the issue. Once the investigation is complete, the specialist offers their professional evaluation and recommendation on how and if the issue can be repaired.

If a construction defect is found, damages may be awarded to the homeowner. Depreciation of the home’s value and the cost of repair may be recouped by the homeowner from the responsible party. Those held responsible can include developers, general contractors and individual builders. Each state has a statute of limitations for filing a construction defect claim. Homeowners are required to contact the responsible party to give them a chance to remedy the defect. If the defect is not properly addressed, homeowners may speak to an attorney and file a construction defect claim.


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Litigation is a journey. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the law firm of Ciancio Ciancio Brown, P.C. will help you through it.