When can I sue for new home construction defects?

On Behalf of | Jan 5, 2023 | Business Law |

One of the reasons why many people like to buy a newly constructed home in Florida is to avoid the problems that come with a house as it ages. However, sometimes multiple problems can unexpectedly occur after moving in as you begin to use the home’s various systems. Problems resulting from construction defects can become severe if the contractor doesn’t adequately remedy them, leading to construction litigation.

Who is responsible for a construction defect?

Construction litigation can arise from several different factors, including issues with the workmanship, design, materials, engineering, etc. Who is liable for the defect depends on the contract you signed. Among those who may be liable are the developer, contractors and subcontractors, suppliers, architects, engineers, and anyone else who may be involved in the building of your home.

Determining who is responsible for construction defects is essential to file your lawsuit. Once you have determined liable parties, your case will usually involve one or more of the following.

• Negligence

• Breach of contract

• Breach of warranty

• Strict liability

• Fraud or negligent misrepresentation

As in other cases involving negligence, those involved in home construction must use reasonable care during the entire construction process. Breach of contract or warranty often involves obligations other parties have failed to meet. Strict liability claims place the blame on the general contractor, while fraud and negligent misrepresentation offer two ways that someone involved in the construction made untrue claims about the outcome.

Ensuring you receive compensation to fix construction problems

Most developers or builders will promptly fix construction defects once they appear, but others will try to claim that you caused the problem or refuse to rectify the situation. While ongoing maintenance is always necessary, even in a new home, unresolved construction defects can become dangerous. Construction contracts are legal obligations that should be met with a favorable outcome for the homeowner through a viable property.

Documenting problems you encounter with your home and your attempts to fix them will strengthen your claim. The goal is to help you recoup your expenses on current and future repairs resulting from defects.