You are probably already aware of what construction defects are, but the truth is, not every defect can be grounds for legal action.
According to most federal and state-level construction laws, the issue must be a “material defect” for a claim to be valid. But what are material defects? And how do you know if you can take legal action?
What are material defects?
There is no overarching definition of a material defect, but the principle is the same even when legal language differs. The International Association of Certified Home Inspectors offers a definition that describes the term best:
A material defect is an issue with a system or component of a property that can:
- Lead to a negative impact on the property’s value
- Pose an unreasonable risk to people
You can also define a material defect as something that would change your mind about buying a property. Considering that, the issue must be generally significant enough to be considered a material defect.
What are examples of material defects?
Not all defects are “material.” Some defects may be purely cosmetic or are too minor to affect the property’s value or safety. Examples include chipping paint, slow drains or minor rusting.
Material defects are more serious, causing more detrimental effects on the property. For newly built or renovated houses, common examples are:
- Foundation problems or framing defects
- Uneven floors
- Improperly installed fixtures
- Major electrical or plumbing problems
- Inadequate insulation
Poor workmanship, inadequate project supervision, use of low-quality materials and other substandard practices can easily lead to these defects. In such cases, the contractor or developer may be liable for any damages you incur.
Do you have grounds for a lawsuit?
Check your contract for clauses about defects, dispute resolution and warranties. The contractor or developer may fix the issue without you taking legal action.
If they refuse to correct the defect, you may have to file a claim or lawsuit against the contractor, developer or both. Doing so can help you recover compensation for any losses caused by the defects.
It is highly advisable to gather as much evidence as you can, including photos, videos, inspection reports and records of when you discovered the defect.
Furthermore, don’t hesitate to consult a construction law attorney who can provide legal guidance. They can help you seek fair compensation through litigation or, if possible, arbitration.