1. Asphalt
Problems are usually caused by improper design or installation mistakes. Such problems will cause water intrusion or failure of the asphalt to perform as intended.

2. Balcony/Deck
Defects in balconies and decks can cause dry rot, fungus, and mold. These defects may result in failure to the interior structural framing and exposure of plywood decking.

3. Crawlspaces
Problems in crawlspaces are usually caused by improper ventilation, inadequate clearance or water getting into the area. Many problems can result, among them: mildew, mold, wood rot, and structural damage.

4. Fireplaces
Defects in fireplace construction can lead to fire hazards and smoke coming into the home causing not only property damage, but also physical injury to the homeowner.

5. Floors/Ceilings
Numerous defects can be found in floors and ceilings caused by improper design and construction. Damage may include puddling of water, cracking of finishes and sloped ceilings and/or floors.

6. Noise
Noise problems are reported most often in condominiums or apartment buildings, although homeowners may complain about hearing outside traffic or inside appliances that are in separate rooms. These problems may be the result of any of the following: improper design, improperly attached sub-flooring, plumbing lines that are in direct contact with interior walls or improperly mounted appliances.

7. Roof Leaks
Roof leaks can occur for a variety of reasons including the improper installation of metal flashing, improper use of materials, or lack of gutters. We all know the substantial damage that roof leaks can cause within our homes, no matter how small the leak. Walls and real property can be stained, mold and fungus can be formed and structural failure is even a possibility after repeated or heavy leakage.

8. Showers
Most shower damage is due to what is called green board, which is applied below the finishing material on the shower wall, such as tile. When green board is not attached properly leaks can occur and tile may start to fall off. The overall structure of the shower enclosure is compromised.

9. Windows
Most window defects are caused by improper installation or use of materials. Structural damage, leaks and mold are among the most serious repercussions of this type of defect.

Homeowners often find that lawsuits are their last resort when faced with a builder who will not repair a problem in their newly built home. Often times, a homeowner will spend years in informal negotiations with the builder trying to resolve problems. The bottom line is that a homeowner simply wants his or her home fixed and repaired so the homeowner can live in a safe house.

Homeowners rely on their builder to properly construct their home. This is important because many home buying decisions are based on an attractive model, or a picture in a brochure, of the new home, which usually has not yet been built. If there are defects in a home, the homeowner may have the right to sue, and should consult an attorney to determine the owner’s legal rights.

Construction defect issues are not always easily spotted. A defect may be considered “patent”, which are those that are obvious during an inspection. Other defects are called “latent”, and they are not so apparent and may not show up for years.

Defects can be defined as failures, which an ordinary owner would not expect when used under normal circumstances. For example, a homeowner would not expect a window to leak simply because it had rained. On the reverse side of the coin, this situation would not be defined as a defect if the homeowner failed to properly maintain the windows.

Before suing, a homeowner should give the builder proper notice and time to fix the problem. However, if a homeowner is not getting results, filing a lawsuit may be the only way to the home in proper condition.

A homebuyer should make a complaint if the buyer believes that the home he or she bought is faulty. The builder should then investigate the claim and remedial action should then be taken. Builders who fail to meet their obligations could have their business license revoked, so a homeowner may find that their builder is responsive to the owner’s complaints. If this is not the case, a buyer should consult an attorney to see what legal options are available.