What You Need to Know about Construction Defects
You’ve seen it before. A crack in the wall. A window that always leaks when it rains. But why does this happen?
Over 80% of construction deficiencies are caused by poor workmanship and another 40% of deficiencies are caused by insufficient building material.
Courts typically sort construction defects like poor workmanship or faulty materials into four categories: design deficiencies, material deficiencies, construction deficiencies and subsurface deficiencies.
Design deficiencies result in part of the home not being up to code. A leaky roof is the most common design defect.
Material deficiencies, like improper window framing, can cause window leaks.
Construction deficiencies can result in a long list of safety issues that can cause physical and financial harm. These include inadequate building structure resulting in cracks in the foundation, the growth of mold, and extensive electrical and mechanical issues.
Finally, subsurface deficiencies are most common in hilly areas. These defects are caused by improper subsurface conditions (i.e. not compacting the home for adequate drainage) combined with the home’s unstable foundation. The result of both can lead to cracks in the foundation and, in more serious cases, landslides.
The construction litigation team from Rossetti & DeVoto PC can handle any personal injury cases caused by these construction-based deficiencies.
What are Construction Defects?
Construction defects are any discrepancies in construction. They range from passive defects like mechanical problems or uneven tile finishing to more life-threatening safety issues such as faulty framing. More specifically, the New Jersey legislature defines a major construction defect as “any actual damage to the load bearing portion of the home…” Whether incorrect tools were used or the work was not carried out in the correct manner, it’s an issue that has both physical and financial repercussions.
Repairing construction defects can take upwards of eighteen months, adding more time to the entire length of building a home. Experiencing a personal injury as the result of a construction deficiency can add financial and emotional stress to your new homeowner life. Both issues are what our team of construction attorneys wants to resolve for you.
What Do You Do if You’re Impacted by a Construction Defect
In the unfortunate event that you’re involved in an accident caused by any type of construction defects, it’s important to know how to resolve the issue and get back to feeling safe in your own home. In New Jersey, the legislature enforces the New Home Warranty and Builders’ Registration Act in which builders are required to register with the state. In addition, the Act provides a limited ten-year warranty on the new home.
The statute of limitations on personal injury claims in New Jersey is only two years. So while your house is covered by a limited warranty, it’s critical to have an experienced construction litigation team on your side. Notifying our legal attorneys the moment you notice a construction deficiency is key.
Rossetti & DeVoto PC have a team of highly skilled legal professionals ready to get you back to the home you deserve with peace of mind. Our experienced New Jersey construction lawyers offer free consultations, so contact us today at (844) 263- 6260 to speak to someone who will fight for you.