What to Do in Case of Construction Defects

November 10, 2023 Off By Delores V. Stalnaker

What to Do in Case of Construction Defects

Certain issues may arise when building a property or undertaking home improvement projects. A common challenge is finding defects that may affect the structure, electrical components, or raw materials. Structural problems can be frustrating as they may be costly to resolve, and the project will take longer. 

With many people working on the construction, knowing who is liable for construction defects can be challenging. However, a Spoken real estate attorney can help you file a claim against any party involved. It includes determining liability, preparing the relevant legal papers, and partaking in the litigation process. Let us look at the possible actions to take whenever you find yourself or are in such a situation.

Examples of Construction Defects 

Real estate law covers a broad perspective, and a qualified attorney is critical in building a case for construction defects. Here is what they consider; 

  • If the construction followed the approved architectural design. Some instances could be that the structure isn’t stable or faulty electric, plumbing, or roofing systems. 
  • Whether the property attains the set standards and is safe for occupation: Lawyers check the work against the building codes and safety inspections. 
  • If the raw materials used are what was stipulated in the construction plans. A defect in real estate law includes an instance where a contractor changes the elements specified in the contract.

The Claims 

The procedures for construction defects lawsuits depend on the laws that differ from jurisdiction to jurisdiction. Some common claims in real estate law include: 

Contract Breach

Contractors work under a contract and should follow its provisions to the latter. The agreement usually stipulates the parties involved, the work to be done, the set timelines, the costs, and who pays for what. Other things in construction agreements are resolving issues and who is liable for defects. If any party doesn’t hold their end, they are responsible for any damages caused, and an attorney can file claims. 


An attorney can file claims for negligence if there is property damage or personal injury. It includes misrepresenting facts and where a contractor isn’t aware of building codes or safety standards. 


Real estate law might deem a property defective if it doesn’t attain all the provisions in a contract, even if it may be safe to occupy. Still, other warranties may not be in the agreement but are standard practice in the construction sector. It considers things like the competency of contractors and the existence of safety hazards.

Sometimes, defects may not be visible immediately after the construction and may appear later. It may be water leakages, wall cracks, or a sagging roof. Since some defects may be undetectable in the initial stages, there is a period allowed by the law to file a lawsuit and seek compensation. Therefore, it is important to work with a real estate lawyer whenever you identify any defects in your real estate. They can evaluate the situation to determine if your claims are viable and help build a case against the liable party.

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