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What to do if your building has construction defects

| Jan 4, 2018 | Blog |

When a property you’ve purchased or had work done on ends up with damage due to defects, you know that something has to be done about them. Many kinds of defects are common including mold, electrical issues and dry rot.

The real question is who is responsible for this damage? Can you hold the construction company liable? Is the seller and previous owner of the property liable?

It could be any number of people. First, you’ll need to determine when the defect occurred. If it was a result of a contractor forgetting lining, not using the correct tools or caulking, then you would likely be able to pursue a claim against the construction team directly. On the other hand, if the defects were present when you purchased the property but you weren’t informed, the seller may have hidden the defects. If so, then you can pursue a claim against the seller.

What should you do if you believe a developer or seller breached his or her contract?

Take the time to talk to your attorney about the specifics of your case. You’ll need evidence to prove that the home now has damage as a result of construction defects. Show the damage in videos or photographs. Additionally, remember to take note of the date when you realized there was a problem. If a statute of limitations applies to your case, you may need to show that your complaints fall within a reasonable timeframe following construction on the home.

It may be beneficial to contact the contractor directly to see if he or she will repair the damage in the home without going to court. Otherwise, you may need to pursue a lawsuit and take the other party to court to seek compensation or an order to repair the damage.