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Who is responsible for the construction defect in my home?

On Behalf of | Jan 8, 2021 | Home Defects |

When you decide to purchase a home that’s under construction, you likely are excited about choosing some of its features. You might spend weeks trying to decide on the kitchen cabinets and countertops or paint colors for your dream home.

However, after you’ve moved in, you may discover some problems with your home. You may even have a construction defect. Maybe your stairs were designed poorly and therefore are easy to trip on or maybe your bathroom tile already is cracking. How are you going to determine who is responsible for this defect and get it fixed?

Types of construction defects

Construction defects have three types:

  • Design defects
  • Material defects
  • Poor workmanship defects

An example of a design defect is a flawed roof design that allows water penetration into your home or inadequate structural support that makes a deck unstable. With design defects, likely an architect, engineer or designer was responsible for the defect.

An example of a material defect is if the tile in your bathroom was supposed to last 20 years, but already is cracking after three. Or when the windows arrive for installation, they already are bent and can’t be used. The material’s manufacturer is responsible for material construction defects.

An example of a poor workmanship defect is if the grout in your shower wasn’t correctly applied, leading to water getting into your walls. A general contractor or a subcontractor may responsible for a poor workmanship defect.

Resolving a construction defect

You first should contact who is responsible for your construction defect. If it was a subcontractor, you may need to work through your general contractor to remedy the defect. You may need to consult an attorney familiar with construction law if the construction defect is significant and can’t easily be fixed. You may need to seek damages to get the money to have the defect repaired.

Dealing with resolving a construction defect is frustrating. However, you want your home to function well for years to come and avoid more damage. Getting your construction defect resolved is the only way to do that.

Board Certified Civil Trial Lawyer

Dana Watts is a board certified civil trial lawyer by the Florida Bar Board of Legal Specialization with more than 30 years of litigation experience. He also received an AV* peer review rating through Martindale-Hubbell.

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Dana J. Watts Attorney at Law

713 South Orange Ave
Suite 201
Sarasota, FL 34236

Phone: 941-404-7053
Toll Free: 800-599-3181
Fax: 941-951-2076

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