1. What is a Construction Defect?
A defect may be anything that lowers the value of your home. Further, defects may be broadly defined as a failure of a building to be erected in a reasonably workmanlike manner or to perform in a manner reasonably expected by the buyer. Usually defects are caused by a failure in development, construction, alteration, repair, maintenance, moving, demolition or excavation of a building. Typical defects include, leaky roofs, poor or faulty drainage, insufficient stucco application and faulty sprinkler systems.

2. Who is responsible for such defects?
Usually the responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction were manufactured by others.

3. Does the statute of limitations apply to these types of claims?
Yes. This varies from state to state, but the shortest statute can be three years from the date the defect was discovered (or reasonably should have been discovered). Other statutes start from the date of completion on the home. You should, upon discovery of the defect, consult with an experienced attorney right away.

4. My builder is doing nothing to resolve our problem and the problem is getting worse. What should I do?
Consult with an architect or attorney to get specific advice about remedying the construction problems. Some situations can be handled voluntarily between the homeowner and the builder; others may call for a mediation or arbitration to get a result; still other situations may require litigation to get results for the homeowner.

5. Am I responsible for proving that a defect exists and if so, how do I do that?
You will likely call upon experts to do this. For example, if you are claiming a defect to the plumbing, you will want to call an expert plumber to take a look at your home. You will not likely have the education or training to determine if there is in fact, a defect, but yes you are responsible for determining this, or hiring someone who can do so.

6. If I recover damages what is that likely to include?
Recovery will include the reasonable cost for repairing your defects, expenses for temporary housing during the repairs, the value of any other property that was damaged as a direct result of the defect, and sometimes you will be awarded attorney and other legal fees. Additionally, you may recover punitive damages if a court finds that a builder's conduct was reckless and intentional.

7. I have construction problems, but I don't have much money to spend on architects and attorneys' fees. How are these costs handled?
The homeowner must hire his own architect or construction professional. This is money well spent and will likely be recoverable from the builder if a case is filed. Experienced attorneys will usually take a case on a contingent fee basis, which means that legal fees are not paid until funds are recovered for the homeowner.

8. My builder has agreed to make the necessary repairs; should I cancel my appointment with my attorney?
Probably not. It may still be helpful to consult with an experienced lawyer who may suggest that you use an expert consultant to evaluate the builder's repairs and to oversee the actual work in progress. An attorney may also suggest that his office draft a release that doesn't release the developer of any liability except for the specific repairs being made.

9. Am I required to make repairs while the lawsuit is pending?
In most cases you will be required to take the necessary steps needed to protect your property from sustaining additional damage. Such costs are recoverable in the lawsuit.

10. Can I sell my home during a pending lawsuit?
The answer is most likely yes, but you will be required to disclose to any potential buyer that the home is involved in litigation.