Building a house is a complicated endeavor that requires careful planning followed by strict adherence to construction best practices. While it is true that many newly constructed homes are built with exceptional attention to quality, unfortunately, serious construction defects can and often do arise. If the owner of a new or recently built home discovers a construction defect, they should have the ability to hold the builder or other party accountable for financial damages.
Burg Simpson is a well-known leader in construction defect litigation. Our award-winning law firm proudly represents homeowners, homeowner association (HOA) boards, and commercial property owners throughout the entire construction defect litigation process. Our team has successfully handled numerous complex construction defect cases and has gained a national reputation for ensuring that negligent parties are held responsible.
Types of Construction Defects
Determining whether there is a construction defect severe enough to result in legal liability is a major point of contention in nearly every construction defect case. Generally, a construction defect is defined as a condition that diminishes the value of a structure or poses a safety threat to its occupants. This condition is typically a result of design flaws, poor workmanship, or substandard materials, rather than ordinary wear and tear.
At Burg Simpson, our construction defect attorneys have extensive experience litigating cases involving two main types of construction defects:
A patent defect refers to any construction error that is immediately noticeable to a trained building professional during a site inspection. Examples include significant cracks in a basement foundation, prematurely aging roofs, faulty plumbing or electrical work, or violations of building codes.
A latent defect is a flaw that exists at the time of construction but remains undetected until sometime after the construction is completed—sometimes even several years later. Unlike patent defects, which can generally be discovered and rectified early on, latent defects are hidden building flaws that can gradually lead to significant structural damage. Examples of such construction defects include building subsidence, ineffective waterproofing, or the use of weak structural components like joists, I-beams, or roof trusses.
Statute of Limitations
State laws impose a specific time period, commonly known as a statute of limitations, within which property owners must initiate a construction defect claim. This timeframe can vary from one state to another, with some states having a two-year window for filing construction defect lawsuits, starting from the time the claim for relief arises. However, statutes of limitations may be shorter or longer in other states. A claim “arises” under this statute when a homeowner discovers or should have discovered the construction defect.
The significance of adhering to the statute of limitations applicable to construction defect claims cannot be overstated. If you own a home or any other type of structure with a suspected defect, it is crucial to promptly seek advice from the construction defect attorneys at Burg Simpson. Failing to file your claim within the statute of limitations period could result in your claim for compensation being barred.
Schedule a Free Case Evaluation
Burg Simpson is home to some of the most highly regarded construction defect attorneys in the country. Our knowledgeable and experienced professionals have a long and decorated track record of representing individuals from all walks of life.
If you suspect a construction defect and would like to explore your legal rights and options, don’t hesitate to schedule a free case evaluation with one of our construction defect attorneys at Burg Simpson. You can call us toll-free at (888) 895-2080 or request your FREE case evaluation online to get started!
Offices Handling Construction Defect Cases:
- Burg Simpson Arizona
- Burg Simpson Colorado
- Burg Simpson Florida
- Burg Simpson Wyoming