Construction defect is the term used for any issue or problem that arises due to improper usage of materials, poor quality workmanship or any other similar reason exhibited when building the house. If any construction defect is found, legalities may have to be faced. Generally, the entire case rests on the contract between the homeowner and house developer and the agreement between the contactor, suppliers, engineers and architects. The main objective is that the defect is resolved by the party which caused it.
Negligence
According to the law, the developer or general contractor is responsible for exercising reasonable degree of care and properly utilizing his skills during the construction phase. This duty is not just limited to them, but also extends onto other people that are involved including the purchasers as well. Generally, the liability of a subcontractor’s negligence rests on the developer and main contractor.
Contract Breach
A homeowner has legal right to sue the contractor if any clause in the agreement is not followed. This could be anything that prevented the builder from constructing a structure based on the designed plans.
If such a claim is ever made, the courts may require the contractor to pay an amount that compensates the construction defects.
Warranty Breach
The sales agreements made between the buyer and the builder often outline warranties related to property conditions. If any of this warranty is breached, the contract principle becomes applicable.
Generally, courts require both the buyer and seller to hold onto the fact that the structure was constructed in a reasonable manner, and the main purpose of the built home was to sell it off to the public. Contract privacy is not always mandatory in this case.
At times, a homebuyer can waive or a builder can disclaim the warranties mentioned in the sales documents. The former of these are enforced only with difficulty, and the latter is construed against the developer or the contractor.
Liability Claim
In a liability claim, the plaintiff only has to provide proof for the fact that the defendant was completely involved in home construction. Proof also has to be given for the fact that defects actually exist and the damages occurred because of them.
Fraud
A developer is charged with fraud if he made any false statements regarding the construction quality or anything else.
Source: www.realestate.findlaw.com
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