Rectifying construction and design defects can be a real uphill battle for new homeowners. When a new home is defective, it can cost thousands of dollars to repair, reduce the home's value, or in extreme cases force the homeowner to abandon the property.
Legally, a construction defect is any supervision, design, planning, construction, or inspection deficiency in a new structure that results in failure to build with reasonable workmanship or causes the structure to not perform as the buyer reasonably expected.
Construction defects are complicated because not all defects are obvious. Some issues may take years to appear. Defects vary widely in severity: a peeling paint problem is very different from a defect that could require demolition and rebuilding.
For more on industry safety and defect issues, see Defective Construction Claims and Safety in the Construction Industry.
Common construction defects
- Masonry, unstable foundations, concrete, carpentry, and other issues that affect the structural integrity of the home.
- Defects in glass, windows, and doors.
- Electrical defects in the home.
- Mechanical defects in the home.
- Expansive soils that contain clay particles can absorb excessive water and expand, exerting pressure on foundations and causing cracking.
- Moisture and thermal defects that occur when materials meant to control moisture or heat are not installed correctly.
- Water intrusion that can cause water damage and toxic mold.
Given that a home is often one of the largest purchases people make, it's important to reduce the risk of buying a home with defects. Practical steps can help you avoid the time and expense of dealing with poor workmanship.
Tips to avoid poor workmanship
- Never work with a builder who cannot or will not provide a list of references. Ask for several references, including homeowners for whom the builder has completed homes in the past three or more years.
- Know the laws in your state. Laws vary, but many require the builder to pay for permanent repairs of defects.
- Thoroughly read your purchase contract. Standard contracts often offer little protection to buyers. Make sure you are protected and that the contract allows recovery of attorney fees if you need legal assistance.
- Contact a licensed, independent home inspector for a visual examination of your new home. A non-invasive inspection can identify common mechanical, structural, plumbing, or electrical defects.
- Keep in mind that many states require homeowners to work with the developer before filing a defect lawsuit; this notice or arbitration period can last several months.
- Learn about local issues that affect construction in your area (for example, hurricane straps in coastal areas or considerations for expansive soils in certain regions).
For guidance on managing risk throughout construction, consult Defective Construction Claims and Risk Management. If you need direct assistance, consider taking the next step and talk to an agent.
Frequently Asked Questions
What is a construction defect?
A construction defect is a problem in the design, materials, workmanship, or inspection of a new structure that prevents it from performing as reasonably intended.
When should I get an independent inspection?
Arrange a licensed, independent inspection before finalizing a purchase or shortly after taking possession to identify visible mechanical, structural, plumbing, or electrical issues.
Are all defects immediately obvious?
No. Some defects are latent and may not become apparent until months or years after construction is complete.
What should I do first if I find a defect?
Document the issue with photos, notify the builder in writing, and consult an independent inspector or qualified professional to assess the problem.