Commonly Asked Questions on Construction Defect Cases

Advise & Consult, Inc. | October 2, 2015

Construction defect has always been an issue that has troubled home owners, builders, and developers alike. This blog will answer some of the most commonly asked questions about construction defect.

What Is A Construction Defect?

Legally, a construction defect can be classified as any condition that can reduce the value of a common area, condominium, home, or commercial property. According to the law, there are two types of such defects that can be categorized as:

  1. Defect in workmanship and design
  2. Defect that is related to the movement of the land

Let’s look at both of them in detail.

Defect In Workmanship And Design

A defect in workmanship will typically include construction defects such as:

  • Water seepage through the glass doors or through the windows of the roof
  • Deficiencies in Stucco and siding
  • A drainage system with faults
  • Faulty irrigation and landscaping
  • A collapse or a failure of structure
  • Sub standard plumbing and mechanical operations
  • Lack of proper environmental controls
  • Insufficient sound protection
  • Poor electrical wiring etc.

Defect That Is Related To The Movement Of The Land

Examples of defects that are caused by problems of land movement or settlement include:

  • Underground streams or water
  • Drainage
  • Lack of proper land grading
  • Landslides
  • Faulty compaction of land

What Does The Warranty By The Builder Cover?

Each warranty is different, usually depending upon the builder and the type of building. In most cases, no two warranties for different buildings are the same, which means that you will need to read each warranty given by the builder carefully to identify what their warranty covers and what it doesn’t. Most of the warranties will usually not cover a number of construction defects highlighted under law. A warranty is not meant to help you in case any defect occurs, it is simply used as a marketing tool to sway your decision in the builder’s favor.

How Can A Defect Be Proven To Exist?

If you think there are defects in your home, you cannot prove them on your own. To prove that such defects exist in your home, condominium, or common area, you will need to employ an independent expert. Getting the services of an independent expert means you will have expert testimony in court. Construction and construction defect related experts have the necessary training, experience, and education to testify in front of the court regarding the presence of or lack of defects in the building.

Also, it is important that you realize that a general contractor and an expert construction witness are not the same thing. While an independent contractor might be able to fix the defect in your home, they will not have the necessary training or prior experience to be able to prove that a defect occurred and that it is a fault of the contractor or the builder.

If you are looking for an expert witness to help your lawyer win the case, contact the best of a select few expert witnesses on construction defect “Advice and Consult” or visit our website

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