Your home represents one of your biggest investments. Discovering problems after construction can feel devastating. When issues arise, determining whether you face a construction defect or warranty issue becomes crucial. Understanding the difference between these two can help you determine your options for repairs and compensation.
What are construction defects?
A construction defect is a flaw in the design, workmanship or materials during the construction of a building or structure. These defects can compromise the safety of the building and its property value. Examples of construction defects include:
- Poor drainage resulting in water damage
- Improperly installed roofing
- Faulty foundation or structural supports
Construction defects can fall under two types: patent, or easily detectable, and latent, or hidden and may not become apparent for years.
What are warranty issues?
A warranty is a guarantee from your builder or contractor that certain aspects of the construction will meet specified standards for a set period. Warranty issues involve problems covered under the specific terms of your builder or contractor.
Most new homes have a one-year warranty for workmanship and materials. Your warranty might cover items like:
- HVAC system problems
- Minor plumbing leaks
- Paint touch-ups
- Drywall cracks from normal settling
You may opt for extended or special warranties that cover more issues for a longer period. Some warranties may cover structural elements for up to 10 years. However, these cost extra.
Why does the difference matter?
Construction defects often involve legal considerations. These may even lead to litigation. Resolving construction defects may involve investigation, testing and multiple parties.
Meanwhile, warranty issues usually have a more straightforward claims process. The warranty agreement usually outlines how you can proceed with your claims. Moreover, warranty issues are generally the responsibility of just one party, either your general contractor or builder.
Seek professional guidance for better results
Identifying whether your home’s issues are a construction defect or warranty issue can challenge even experienced homeowners. Seeking professional legal guidance is a prudent choice. An experienced construction law attorney can review your case and help determine your best course of action to ensure your home remains safe to live in.