Problems With Your New Home? 4 Issues That Might Not Fall Under Construction Defect Liability
If you've recently moved into a new home, and you're experiencing building defects, you may be able to file a suit against the builder. This is particularly true if the problems are caused by defects in craftsmanship, meaning the contractor used substandard practices to build your home.
However, before you file a lawsuit against the contractor, you should know that some defects and damages will not be covered in a lawsuit. Here are four types of damages that you'll have a hard time collecting against.
1. Damage You've Caused Through Your Own Use
If your home has sustained damages that could have been caused by your own use or made worse through your actions, you may not be able to sue on the grounds of construction defects. Some instances of damages caused by your own actions would include water damage sustained through the improper use of your plumbing, or from clogs caused by your own use. Another issue would be flooding caused by a failure to service your rain gutters properly.
2. Damages Deemed an Act of God
When it comes to damages, most construction defect claims do not cover damages are caused by an event that has been deemed an act of God. Acts of God include incidences such as tornadoes, earthquakes, and tornadoes. Soil erosion would also be considered an act of God for the purpose of construction defect claims. It's also important to note that damage caused by others such as airplane or car crashes, or even vandalism will also fall under the category of damages that will not be considered as construction defect issue.
3. Damages Considered Normal Wear and Tear
If you're dealing with construction issues that might be considered normal wear and tear, you might not have a claim for construction defects. Normal wear and tear are considered any type of damage that's expected to occur as a home ages. Some of those issues include minor warping, deterioration of flooring, and issues with the roofing material. Although, if your roof begins to leak shortly after moving in, and many other neighbors are experiencing the same problems, you may all have a claim for construction defects.
4. Damages Caused by Third-Parties
If you've been experiencing problems with your home, and you've hired a third-party company to take care of the repairs, you may not be able to bring a claim against the contractor for construction defects. This is particularly true if the third-party you hired ended up making the problem worse.
If you're having problems with the home you had built, you need to talk to a law office like Norton & Associates about a possible construction defect claim. Be sure to talk to your neighbors about the problems you're having. They may be dealing with the same issues.