It is true that home construction defects can cause significant inconvenience and risk, especially when discovered post-construction. Substandard work can lead to injuries and financial losses, which is why it is crucial to address these issues promptly and effectively.
What are the claims for home construction defects?
When dealing with home construction defects, a dissatisfied client can pursue several claims, which include:
- Breach of contract: Failure to meet the terms agreed upon in the construction contract
- Negligence: Substandard work that fails to meet the required standard of care
- Breach of Warranty: Violation of the express or implied warranties provided by the builder
- Strict Liability: Holding the builder accountable for defects regardless of fault
- Fraud or misrepresentation: Deliberate deception regarding the quality or condition of the construction
Being familiar with these claims can help you, as a builder, produce the rebuttal for the specific defects these dissatisfied clients present. Another thing to note is that having the necessary documentation allows for clearer proof of work quality.
Legal avenues when pursuing a claim against home construction defects
The clients have several legal avenues to take when deciding to claim against defects in their home construction. They include:
- Filing a lawsuit against the builder and taking them to court for damages
- Seeking amicable means through alternative dispute resolution methods
- Utilizing homeowner’s insurance policies that may cover certain defects
These legal avenues allow both parties to address and rectify construction defects effectively. However, as a contractor, it is best to avoid any lawsuit as this may cause untoward stress and cost.
Securing your home construction
The New Home Warranty and Builder’s Registration Act of 1977 protects new home constructions and acts as an additional safeguard. Although it may seem more beneficial for homeowners, it gives builders the leverage to present their work quality with adherence to specific standards. The law works both ways and it is essential to protect the rights of all involved and maximize the chances of a desirable outcome.
