When choosing new-home construction to ensure everything is new and problem-free, you may still find your home has construction defects. It is often difficult to bring a claim of negligence against a developer unless the construction defects have directly led to the damage of personal property or a personal injury.
Construction defects are an unfortunately regular occurrence in building, but homeowners have legal recourse if they discover construction defects. Homeowners may be able to file a lawsuit for many different types of construction-based issues, including:
- Breach of warranty
- Tort claims, such as negligence
- Contract dispute
- Strict liability of the general contractor
If you suspect construction defects related to negligent construction, contact us today at (866) 344-7582 or fill out our FREE case evaluation.
Statutes of Limitations for Construction Defect Claims
Filing a lawsuit for negligent construction can be a complicated process due to statutes of limitations and statutes of repose, which vary by state and will determine if and when you can file a suit. The statute of limitations is the time allowed to file a lawsuit after the construction defect was found or should have been found. The statute of repose is the limit for filing a claim starting from the time of the event – such as the delivery of the new home – even if the defect has only recently been discovered. Because the length of the statute of limitation and statute of repose are often different, it may affect the amount of time you have to file a lawsuit.
For HVAC systems, window seal defects, and cosmetic defects, the statute of limitations is typically shorter. For major structural defects, such as windows, foundational cracks and leaks, sagging seal and roof support beams, the period may extend up to 10 years. Contact an experienced construction defects attorney to get a better sense of the circumstances surrounding your unique case.
What to Do If You Suspect Negligent Construction
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Because builders often depend on word of mouth to gain business, they may be willing to work with you to resolve construction defects. We recommend first speaking with your contractor, but if that isn’t successful, contact an experienced construction defect lawyer at Burg Simpson for assistance with your claim. Our attorneys have successfully represented thousands of homeowners around the country with a variety of construction defect claims.
Get started with your suit today by calling us at (866) 344-7582 or fill out our FREE case evaluation form.