2.14 -Construction Defects / Street Damage & Problems – gtg

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Landscape and soil issues can be considered a construction defects. Although the make-up of soil is natural in existence, how you prepare the soil and/or build on the soil is the responsibility of the builder and developer.

A builder has the responsibility to analyze the soil and with the results determine the best construction strategy to use. Expansive soil and collapsing soil are two major types of soil for which there is technology and know-how of how to build upon. Both can cause certain landscape and soil issues if the proper construction strategy is not used.

Landscape and Soil Issues with Expansive Soils

Expansive soil is a major cause of property damage. When wet, expansive soil swells can create pressure that can be destructive and a leading cause of landscape and soil issues. Evidence of expansive soil is cracked that you will see in your landscaping. This is because once the soil dries it shrinks, and this back-and-forth movement easily shifts pavement and walls. This can all be avoided or at least the risk decreased if the builder or developers do their research to find out what kind of soil they have. The next responsibility of the builder is to choose the proper construction strategy. With the rate at which housing developments are going up, builders or developers will cut corners where they can and this could mean using a construction strategy that is cheaper and will not necessarily take care of the potential soil issues.

Landscape and Soil Issues with Collapsing Soils

Collapsing soils can also cause issues with your landscape and soil. Collapsing soil is loosely packed soil that can act like gooey clay depending on the amount of water it absorbs. You will see cracks in your landscaping on areas such as pavement, retaining walls, and pillars. Like building on expansive soil, the construction technology is there, the builder or developer just has to choose to use the correct method. If they do not, then this can be a major construction defect that could have been avoided.

If you are noticing some subtle cracks in your landscape, walls, stucco, pavement, or garage floor these may be symptoms of a bigger problem. Your home may have a construction defect that although difficult to fix may be easy to determine. Do not wait – contact an attorney today to perform the proper assessment to determine if you have a defect and if so, what you should do next.

Soil Contamination

Soil contamination is a result of man-made chemicals getting into the soil. This occurs in several different ways. Soil contamination can occur when an underground storage tank is punctured, when waste is leaked from landfills or when industrial waste is discharged into the soil. This can be a huge concern since soil contamination can seep into the water supply if not cleaned up in time.

A builder should always know what type of soil they are dealing with including whether or not it has been contaminated. No matter the cause of the soil contamination, the important factor is what is being done to take care of it. People who may be in direct contact with the soil, e.g. those in parks, schools, and playgrounds, should be aware if there is a soil issue and if so what is or has been done to fix it. This also holds true for soil that has yet to be contaminated. After surveying the land, the builder will learn what type of drainage is needed to avoid potential contamination of the soil. Soil contamination can occur when chemicals sit dormant in the soil because of faulty drainage as opposed to being washed away with correct drainage slopes. The builder and/or developer have the opportunity to take the necessary steps to help decrease the potential risk of soil contamination.

Subdivision Draining

Most planning departments incorporate a subdivision draining system to avoid the potential of the housing development becoming flooded. Proper subdivision draining will provide an area with the proper safety nets in place for any major water issues or faulty drainage. As a home buyer, you have the right to understand what system is currently in place and if that system has ever been tested. Although it is not something you think about when making a purchase, it is something to think about when you start to see water issues within your home along with other construction defects. Do not hesitate to talk to the builder to get a better understanding of how subdivision draining works in your development.

Retention Basins

Retention basins are used to prevent flooding. Sometimes referred to as retention ponds, these retention basins are like a repository for rain. They are viewed as a good thing since it’s a structure that is trying to replace the duties of a forest that would normally absorb excess water. With forests being cleared before development, a retention basin can be constructed to serve the function of a forest. Retention basins are quite common in new developments. With building roads, streets, etc. the soil that acts as a natural means of absorption is no longer there, so a retention basin is necessary to fill this void.

Do not try to become an expert on these faulty drainage issues. There is so much information out there that it can become quite overwhelming. Contact an attorney in our office today to figure out your next step.

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List of Construction Material and Product Failures & Defects:

Leaking and Rotting Roofs
Leaking and rotting roofs are true signs of construction defects. The root cause may, however, be a little more difficult to discover and prove. Leaking and rotting roofs damage may be a direct result of poor material used to build the roof, e.g. substandard shingles. This could also be the result of using less-experienced and less-skilled workers to build the roof than is reasonable. Workmanship should always be considered when assessing issues rooted from a structure that is built piece by piece. The first priority is always to reestablish a safe residence for you and your family. This may even call for a temporary fix.

Rotting and Failure of Flooring
Rotting and failure of flooring is a very difficult construction defect to repair. It can be the result of a variety of mistakes. The builder and/or developer makes decisions that can prevent damage from rotting and failure of flooring. Quite frankly, they also make decisions that increase the potential risk of this kind of damage occurring. To start, signs of rotting floors can be due to water damage. This could mean flooding, moisture buildup or simply water leakage. There are a number of suspects in this scenario. The plumbing equipment used, the contractors or subcontractors hired for installation, or the flooring material used are all potential causes. Again, these issues would be a result of the choices the builder and/or developer made.

Siding Defects and Exterior Surface Failures
Siding defects and exterior surface failures are construction defects that can be caused by soil issues (mass movements) or construction material issues. Building on land with potential soil movement, i.e. expansive soil, can cause visible damage such as cracks in the siding. This same result can be due to using substandard construction material. In both cases the builder and/or developer has failed to take into account the land where house was being built. Siding defects and exterior surface failures damages may come and go (and appear to have stopped), but will persist in some shape or form until the cause is discovered and adequately repaired.

Stucco and EIFS Problems
Stucco and EIFS problems occur when moisture is a factor. Stucco is used quite frequently as well as EIFS, or synthetic stucco, a multi-layered finish, because it is reliable in most circumstances. Damage to stucco could be cracks that are caused by soil movement. This means that the builder did not take into account the type of soil the house is built on and therefore did not build a foundation that could absorb any movement. EIFS has layers that do not breathe. This is not an issue until moisture is present. If there is a problem with material used to construct the walls, the roof, or any other area that would allow for moisture to seep into the EIFS, you will experience stucco and EIFS problems. In addition, this moisture leakage could be due to poor construction material, poor contractor work or simply poor or lack of proper soil analysis.

Water Intrusion from Faulty Plumbing
Water intrusion from faulty plumbing is a troublesome problem. If not dealt with immediately, damage control can be quite difficult. This damage can be the direct result of a builder cutting corners. A builder could have used faulty products that have not gone through proper quality control so as to reduce costs. The builder could have also hired less-skilled contractors or subcontractors whose workmanship simply does not “hold water.” The first priority is to repair the plumbing, but there will then be a need to determine exactly what part of the plumbing system failed, what the cause was, and most importantly, what should be done to prevent any future water intrusion from faulty plumbing.

Construction material and product failure and defects such as leaking and rotting roofs, rotting and failure of flooring, siding defects and exterior surface failures, stucco and EIFS problems and water intrusion from faulty plumbing can cause severe damages if not taken care of properly. Your steps in implementing a solution are crucial and may require legal assistance. Do not wait – contact an attorney today to help guide you through this difficult process.

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Structural failure can occur as a result of any number of reasons, but the result is almost always the same, in that structural failure will make a home or condo uninhabitable, as the walls and/or foundation of a home need to be devoid of structural failure in order to meet safety code standards.

Structural Failure: Decks

A deck/structural failure can be the result of several causes, but the bottom line is that any deck/structural failure results in a seriously dangerous condition in your home or condo that could lead to your exposure to personal injury liability if it’s not properly repaired. If you notice a deck/structural failure, you owe it to your own peace of mind to take care of it immediately.

Structural Damage: Wood Rot

Wood rot and structural damage are inter-related issues, as wood rot in the lumber used to build your home or condo will lead to structural damage that can make your home uninhabitable. Wood rot and structural damage can also cause walls and frames to collapse, which will almost always cause serious injuries.

Collapse

Any undiscovered problems such as those described above could result in collapse of not only walls but the entire structure. Obviously, if your walls or entire structure collapse, your home is uninhabitable, and immediate action needs to be taken.

Often times, the appearance of one problem in a home signifies the existence of another that could be much more serious. If you’ve suffered damage as a result of a construction defect, contact an attorney immediately to protect your rights.

Partial or Total Collapse of the Framing System

There is no mistaking or overlooking a partial or total collapse of the framing system in your home. A partial collapse of the framing system almost immediately makes your home or condo unlivable, and if you’re in the wrong place at the wrong time, you could be seriously injured as a result.

Corrosion of Aluminum Threshold Due to Lack of Protection Barrier

Corrosion of the aluminum threshold due to the lack of a protection barrier is a difficult problem to identify, but letting it go unnoticed can have disastrous consequences. Corrosion of any kind is dangerous, but if the aluminum threshold is compromised, the integrity of the entire structure of a home or condo is in imminent peril.

If any of these problems have arisen, or even possibly arisen in your home or condo, you need to take action to protect your home, your safety and your rights. Contact a construction defect attorney immediately, as he or she will be able to guide you through the process of repairing these issues without exposing you to further loss.

Dryrot

Dryrot is a problem that arises when wood used for a structure does not contain enough moisture to maintain its integrity. When dryrot occurs, the wood used to build a home or condo becomes brittle and increasingly fragile. This fragility creates a grave risk in regards to the safety of the home’s occupants and puts any investment in a property suffering from dryrot problems at risk.

Wood Destroying Organisms

Wood destroying organisms are numerous in nature, and generally it is the duty of the construction company to make sure that there are no wood destroying organisms present in the materials that are used to build a home or condo. Your rights in regards to who is responsible for using materials that contain wood destroying organisms may extend not only to the construction company but to the lumber company as well. However, you need to consult a construction defect attorney to make sure that your rights are enforced on the proper parties.

Interior Distress to Cabinets and Countertops

Interior distress to cabinets and countertops is usually visible in the form of bent shelves or uneven door fits, but the problems that cause interior distress to cabinets and countertops could be much more serious than a what a quick fix can provide. Interior distress to cabinets and countertops could be indications of problems with your frame, your slab or any other component of your home.

Defective or Broken Tiles/Shingles

Defective or broken tiles/shingles are not only hazardous, but can lead to serious problems with any home or condo. Defective or broken tiles/shingles generally lead to wear and tear on the slab in the case of broken tiles and a dysfunctional roof in the case of broken shingles. If any of these problems persist, the very nature of the structure will be compromised, and the home or condo will not only be uninhabitable, but the structure will require repair before it can be sold.

If you notice any of these issues in your home or condo, you need to gather all documentation of these occurrences, take photos and contact a construction defect attorney immediately to protect your rights.

Excessive/Unsightly Leaning/Rotation

Excessive/unsightly leaning/rotation of your walls is not something to take lightly. Any time you notice excessive/unsightly leaning/rotational issues, you need to have the condition looked at as soon as possible, as this problem could indicate faulty construction.

Soil/Pavement Buckling in Front of a Wall

Soil/pavement buckling in front of a wall could also be due to several causes. If you notice soil/pavement buckling in front of a wall, it could be faulty craftsmanship in building the wall itself, subgrade problems or any number of other issues that were not handled properly by the contractor.

Ruptured Plumbing and Gas Lines

Ruptured plumbing and gas lines are not only a clear sign of a serious construction defect, but ruptured plumbing and gas lines also cause serious damage to any structure where they occur. Not to mention, these issues quite often result in personal injury to those who exist within the dwelling.

Washboard Surface

A washboard surface can result from such forces as erosion, dust blowing and many other causes that should be foreseeable for any construction company. A washboard surface is an issue that leads to several other problems, as it creates a dangerous condition on your property. A washboard surface can damage your car if it occurs on your driveway or garage, and can lead to personal injury liability of a guest trips on a sidewalk that has a washboard surface.

Although construction companies have a duty to build a home or condo that is devoid of foreseeable construction defects, you also have a duty to take steps to protect your rights when you become aware of potential problems. Those steps involve gathering all the information that relates to these potential problems and contacting a construction defect attorney as soon as possible.

System Failure

System failure is a term that can involve several construction defects. A home could suffer from electrical system failure, septic system failure or many other system failures that each will make a home uninhabitable and could lead to injuries or health problems. If you notice a system failure, you need to take action immediately.

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If you are dealing with the consequences of a construction defect or you’re concerned that your home may have been built defectively, you need to act quickly in order to prevent further damages from occurring and to protect your legal rights. As such, you will find below a Construction Defect Legal Guide that will help you decide whether or not filing a claim is worth your effort.

Please remember that this Construction Defect Legal Guide is not a be-all-end-all source of information, and if you have a question, you should contact an attorney immediately to explain your situation.

How are construction defects determined?
The answer to the question, “How are construction defects determined?” is not a simple answer, and the analysis involves several technical legal theories. Therefore, you should use this information for your benefit, but you should also contact an attorney for a full explanation as it pertains to your situation.

Whether or not something is construed as a construction defect involves analyzing the problem with the building and comparing it to other buildings that do not contain construction defects. Basically, if a problem with your structure is considered “unreasonable” in relation to other like structures, and was either ignored or should have been noticed and corrected, it can be considered a construction defect. There are different standards for different types of buildings, different locations and different types of code regulations, but overall, a construction defect is usually found if workmanship is not up to reasonable industry standards and you have or soon will suffer damages as a result.

Help for Victims and Families
Luckily for you, if your home is found to contain one or more construction defects, there is available help for victims and families that suffer as a result of these defects. Although many HOA’s and other administrative bodies exist for the purpose of providing help for victims and families in these types of situations, the worst thing you can do to protect your rights is to “go it alone” and face a corporate construction company by yourself.

You need to enlist the help of a professional who has experience in providing help for victims and families who suffer from a construction defect and who can handle the defense attorneys often employed by construction companies. In short, you need to work with a construction defect attorney. He or she understands the intricacies of this area of law, as the legal standards involved can be extremely technical in nature, and one mistake during the process can prevent you from properly recovering for your damages.

Don’t let your rights go unprotected – contact an attorney today for the help you need.

Help for Organizations and Associations
There are several instances in which a construction defect issue can arise, and that pertains not only to the type of defect but also to the type and number of people who are harmed as a result of a construction defect. Construction defects that occur in an individual home are problematic for several reasons, and anyone who has suffered as a result should contact an attorney immediately.

However, there are also highly-qualified attorneys available who provide legal help for organizations and associations when a construction defect is found that affects several homeowners in an area. Providing construction defect help for organizations and associations is much more complicated than providing help on an individual basis, so the following are steps that should be taken if several people in your development are experiencing problems.

Communication

If you have noticed a problem or an imminent problem and you live in a community development, you need to contact your HOA and report it immediately. You may not own the only home that’s been damaged, and your HOA will be able to get everyone together to discuss the problem. If your issue is occurring in other homes, you may have an advantage.

The reason for this advantage is that there is power in numbers, and if an entire group of homes acting as a united front reports the same problems, the construction company that’s responsible will have a difficult time proving that this issue is merely a “nuisance” or an “isolated incident.” Basically, you will get a faster response from a construction company if there is a development-wide problem on most occasions. Therefore, the first steps in providing help for organizations and associations when dealing with a construction defect issue can and will often come from the HOA.

Contact a Construction Defect Attorney

Although an HOA can help gather the necessary information and help present an impression of unity on the part of homeowners, the HOA and its members should not attempt to deal with the construction company on its own. The law of construction defects is extremely complicated, and this is especially so if you need help for organizations and associations, as multiple alleged transgressions can be easily convoluted by defense attorneys. You owe it to yourself, your family and your neighbors to make sure that whatever issue is plaguing your home or group of homes is handled properly, because if it isn’t, everyone will collectively suffer the consequences in some situations.

An experienced construction defect attorney will be able to listen to your problems and to recommend a proper course of action. He or she will also be able to deal with the construction company that may be at fault to ensure that any recovery is not only proper but expedient.

Waiting for a solution will only make matters worse, so contact a construction defect attorney today.

Statute of Limitations for Lawsuits and Claims
The concept of the statute of limitations for lawsuits and claims is extremely complicated, and making a mistake on this technicality can have disastrous results, including having your claim dismissed. The statute of limitations for lawsuits and claims is especially complicated when it comes to construction defects, as it’s not always easy to discover construction problems right away, and it is possible to have the statute begin to run at the first sign of trouble. Below is a brief explanation of the theory behind the statute of limitations for lawsuits and claims, but this information should be used only in furtherance of contacting an attorney, as he or she will be able to apply the facts of your situation to the statute and properly guide you through the process.

The Concept of the Statute of Limitations

The concept of the statute of limitations is grounded in the general ideal of equity. Plaintiffs need to bring a suit for damages incurred within a reasonable timeframe for several reasons. First, if someone waited 25 years to bring a claim, evidence and witnesses would not be as available as they would be if the claim was brought in a timely fashion, making it more difficult for the defendant to provide a suitable defense.

Not to mention, as the years go by things change, and that includes legal standards. Attorneys need to prosecute and defend cases based on laws that are at least somewhat current, or else the entire proceeding can be quite confusing and lead to extended delays and expense as the proper legal standards are established.

Potential Complications

There is a little-known standard that applies to all statutes of limitation, and that standard is called “tolling.” Basically, the statute of limitations begins to run when one of two things occurs:

The plaintiff discovers the injury he or she has suffered; or
The plaintiff reasonably should have known that an injury occurred.
This can be difficult when it comes to construction defects, as problems can arise within walls, below floors and in several other places that are not regularly seen in a home or structure. As such, a plaintiff is taking a risk by ignoring a small lead, for example, as that leak could lead to the statute of limitations beginning to toll from the date that leak was noticed.

The answer to this question, then, is that you should pay close attention and take careful note of any potential problem with your home, and you should not waste any time in contacting an experienced construction defect attorney who will be able to help you move forward with your situation. The number of years allowed under a statute of limitations can vary by jurisdiction, so contact an attorney today for the answers you need.

Filing a Construction Defect Lawsuit
If you have suffered from damages resulting from a construction defect, you are taking the right step by looking into the possibility of enforcing a claim. However, there are several things you need to consider before filing a construction defect lawsuit. All of these decisions should be made with the help of an experienced attorney, as he or she will be able to assist you in moving the process forward in an expedient and professional manner.

Who is responsible for the damage caused to my home?

It is very important to have a solid theory in regards to who may be responsible before filing a construction defect lawsuit. An attorney with experience in this area of law will be able to help you determine who built what part of your home and who may be negligent in building or not building something that causes damage. This is an extremely important step, as suing the wrong party can be extremely stressful and costly.

How much are my damages worth?

The last thing you want to do when filing a construction defect lawsuit is guess as to how much you’ve suffered in terms of damages. An attorney with experience in these matters will be able to help you come to a financial figure based on several factors, and chances are that unless you have experience practicing trial law within this specific discipline, you may miss something that’s completely relevant to your claim.

Should I attempt to settle the dispute privately?

Again, this is a question best answered by an experienced attorney. There are companies in existence that may offer a “low-ball” settlement figure just to make a potential dispute go away, and this is done because many potential plaintiffs are inclined to take the first offer, if one is even made. A skilled construction defect attorney will be able to work for a settlement if that’s in your best interests. If it’s not, your attorney will explain to you why it’s best to push for a trial. Regardless, this is a strategic question that should only be handled by someone with experience.

If you have suffered as a result of faulty construction, you need to act now to make sure that your rights are protected. Not only will your problems get worse and your suffering needlessly continue, but you could lose certain rights that are in place to protect you if you wait too long. Contact a construction defect attorney today to explain your situation.

How We Can Help With Your Construction Defect
If you’ve suffered damage as a result of a construction defect, you need to take specific steps to protect your rights. We’ll detail below what these steps are and explain how we can help you with your situation.

1. Contact Our Office Immediately

If you discover a defect in your home, you have no time to waste. Contact our office immediately to schedule an appointment. When you make that call, one of our staff members will ask you for some basic information and tell you what you need to bring to your appointment in order to make it as productive as possible.

2. Explain Your Situation To Us During Your Free Consultation

When you arrive for your appointment, be prepared to explain every detail that surrounds your situation, no matter how insignificant it may seem. What may seem meaningless to you may be of paramount importance to your legal claim, and we’ll make sure that no stone goes unturned as we evaluate your potential case.

3. Listen to Our Analysis of Your Situation

After we’ve gathered the initial facts surrounding your defect, we will tell you frankly whether or not you have a potentially-valid claim. If you do, we’ll explain how we can help you obtain a fair judgment or settlement based upon the information you’ve provided. Rest assured that we will tell you in all sincerity whether you have a claim that’s worth pursuing or not.

4. Ask Questions of Us

We’d like to present you with a full picture of how we can help. If you would like to know any details regarding our experience, familiarity with specific laws or recommendations as they relate specifically to your situation, we encourage you to ask. We want you to feel totally comfortable with us and the work we may be performing on your behalf, and that comfort level is achieved by full disclosure.

The bottom line is that you need to get in touch with us today to get the process of protecting your rights started. Every day you waste may make the problem worse for several reasons, and if you delay too long you may lose out on a justifiable recovery.

Verdicts and Settlements for Construction Defects
Over the past few years, as the housing boom across the country has increased the volume of building projects in nearly every market, contractors and construction companies have been working under extreme pressure to take on and meet more deadlines and to do so under budget. This phenomenon logically leads to more mistakes, and these mistakes can cause serious damages to those who live in or work in these buildings.

As such, there has also been an upswing in the number of construction defect verdicts and settlements around the country. Below we’ll list just a few examples, but the message should be clear: If you’ve suffered as a result of a construction defect, you’re far from alone, and you should contact an attorney immediately to protect your rights.

$3,493,600.00 Settlement

In an action for damages arising from the faulty construction of more than 40 homes, a settlement for the above figure was reached prior to trial. The problems existed with the walls, windows and roofs of the homes in question.

$1,700,000.00 Settlement

A condominium development experienced problems with water proofing, mechanical problems and electrical work defects. The HOA brought suit and the defendants settled rather than face a jury.

$39,500,000.00 Settlement

An HOA brought a claim for construction defect, foundation and moisture intrusion in 226 units. The defendants settled before trial.

There are countless other examples of verdicts and settlements, and what you should do if you’ve suffered as a result of faulty construction is contact an attorney immediately. The longer you wait, the worse your problem will get and the less time you’ll have to state your claim. You have only time, stress and a justifiable recovery to lose, so act now to protect your rights.

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We are dedicated to the successful representation of homeowners and homeowner associations in construction defect matters.
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Edge of Green Board above Tub or Shower Pan Lip has a Cut Edge Instead of the Wrapped Factor Edge

When the edge of green board above tub or shower pan lip has a cut edge instead of the wrapped factor edge you can experience water issues. Water issues can escalate quickly, turning what could be a quick repair into a major problem. If the edge of green board above tub or shower pan lip has a cut edge instead of the wrapped factor edge there is potential risk of mold or mildew to grow. This could be a costly fix while also creating an unhealthy environment.

Joints and Penetrations are Not Sealed with a Coat of Ceramic Tile Mastic Prior to Tile Installation

When joints and penetrations are not sealed with a coat of ceramic tile mastic prior to tile installation this may also allow for water issues to occur. It only takes a weak seal or lack thereof for moisture to seep under flooring. This construction defect can be detected in the beginning phases if there is some already-obvious water damage, e.g. dampness under the tile. But there is a good chance that a homeowner will not recognize this as an issue until there is serious water damage. Joints and penetrations that are not sealed with a coat of ceramic tile mastic prior to tile installation is an example of poor workmanship.

Insufficient Gap (Less than 1/4 Inch) between the Base of Green Board and the Tub or Shower Pan

Insufficient gap (less than 1/4 inch) between the base of green board and the tub or shower pan can cause a construction defect. There are building codes that a contractor needs to follow in any construction project. An example of this code or guideline is requiring a certain sized gap to exist between a base board and its tub. This will allow the building material to breathe properly.

Lack of Flexible Sealant Joint at the Tile-To-Tub or Shower Pan Juncture

Lack of flexible sealant joint at the tile-to-tub or shower pan juncture can also cause a water issue in your bathrooms. Again, a contractor carries the onus of ensuring that all proper materials and procedures are being implemented during a construction project. As a homeowner, you count on that.

The following are examples of what can go wrong in the finishing stages of a house:

Edge of green board above tub or shower pan lip is cut edge instead of the wrapped factor edge
Joints and penetrations are not sealed with a coat of ceramic tile mastic prior to tile installation
Insufficient gap (less than 1/4 inch) between the base of green board and the tub or shower pan
Lack of flexible sealant joint at the tile-to-tub or shower pan juncture
Do not delay – contact an attorney in our office for help with any of these issues.

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We are dedicated to the successful representation of homeowners and homeowner associations in construction defect matters.
Begin your FREE case review today!
To answer the question, “What are construction defects?” would depend on your point of view, e.g., that of a homeowner, contractor, builder, product manufacturer, etc. Understand that there is a difference between what would be considered just a nuisance claim and an actual construction defect claim. Construction defects can be as complex as foundation issues that threaten the structural integrity of a building to more aesthetic issues such as improperly applied stucco.

Although there is controversy in defining what are construction defects, trial courts have grouped construction defects into four categories. These categories will help you understand what construction defects are.

1. Design Deficiencies in Engineering

The first category is design deficiencies which sometimes stem from the work of architects or engineers. These design professionals design a building or design a specific system that does not function as it was intended to function. The end result is a product that is defective. An example would be a roof that has been designed to be aesthetically pleasing and complex in design but is prone to leakage.

2. Material Deficiencies

The second category is material deficiencies. Using inferior building material can cause a variety of defect issues. An example of this type of defect that is fairly common is windows built with poor materials that leak even after being installed perfectly. Another example is material used inside of a wall that causes issues such as wall leaks or moisture damage. The building material that would be in question could be the building paper, particle board, roof shingles, etc.

3. Substandard Workmanship

The third category is construction deficiencies, also known as substandard workmanship. This category of construction defect usually becomes evident with water damage through some part of the actual building structure. Other examples of such a defect would be rotting wood, pest infestations, and cracks in floor slabs or in the foundation. There could also be evidence of construction deficiencies in lack of adequate sound insulation, electrical problems, plumbing issues, and/or inadequate fire-resistive construction between housing units.

4. Subsurface or Geotechnical Problems

The fourth category is subsurface or geotechnical problems. An expansive soil condition is a perfect example of this concern and is commonly found. This issue occurs when housing developments are built in areas where water once stood, or is hilly, both resulting in an unstable foundation upon which to build a house. If the builder does not prepare the soil properly on this type of subsurface condition, then inevitably you will begin to see symptoms of this construction defect. This also holds true if the builder does not keep in mind this type of potential soil issue when deciding on structure design. As a result, you may see problems including but not limited to vertical and horizontal settlement, slope failures, flooding, cracks in floor slab and hardscape. An extreme case would leave a building uninhabitable.

Since there are numerous issues that can occur with a building or a home, it’s hard to decide what are construction defects and what are not in a simple way. Therefore, it is important to contact an attorney today to find out exactly what is going on with your property and what steps you need to take to take care of it and to protect your rights.
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