When you invest in a home, you expect it to be safe, structurally sound, and built to last. Unfortunately, construction defects can undermine that investment, leading to costly repairs, safety hazards, and legal disputes. If you suspect a defect in your home’s construction, understanding your rights is the first step toward securing the compensation you deserve.

What Is a Construction Defect?

A construction defect is any flaw in the design, workmanship, or materials used in a residential or commercial property that results in damage or structural failure. These defects can range from minor issues, like peeling paint, to severe problems, such as foundation cracks that compromise the integrity of the entire structure.

Types of Construction Defects

Construction defects generally fall into four categories:

1. Design Defects
  • Occur when architects or engineers create flawed building plans.
  • Examples: Poor drainage design, inadequate structural support, inefficient HVAC systems.
2. Material Defects
  • Happen when substandard or defective materials are used in construction.
  • Examples: Weak concrete, defective drywall, or improperly treated wood leading to rot.
3. Workmanship Defects
  • Result from poor or negligent construction practices.
  • Examples: Incorrectly installed roofing, faulty plumbing, or improper electrical wiring.
4. Subsurface Defects
  • Occur when soil conditions are not properly prepared before construction, leading to foundation failures.
  • Examples: Settling or shifting foundations, cracked driveways, or water intrusion issues.

How Do Construction Defects Impact Homeowners?

A construction defect can lead to serious financial and safety consequences, including:

  • Decreased Property Value – Defects can make it difficult to sell your home.
  • Expensive Repairs – Homeowners are often left footing the bill for fixing these issues.
  • Health & Safety Hazards – Defects can result in mold growth, electrical hazards, or structural collapses.
  • Insurance Disputes – Many insurance policies do not cover certain defects, leaving homeowners unprotected.

What Are Your Legal Rights as a Homeowner?

If your home has construction defects, you have legal options:

1. File a Claim Under Your Home Warranty

Many new homes come with a builder’s warranty covering defects for a limited time. If your warranty is still active, you may be able to file a claim for necessary repairs.

2. Pursue Legal Action Against the Responsible Party

Depending on the circumstances, you may have the right to file a lawsuit against:

  • Builders or Contractors for poor workmanship or failure to follow codes.
  • Architects or Engineers for design flaws.
  • Material Manufacturers if defective materials contributed to the issue.
3. Seek Compensation for Damages

If your claim is successful, you may be entitled to compensation for:

  • Repair costs
  • Diminished property value
  • Temporary housing expenses (if your home is unlivable)
  • Legal fees and court costs

How Long Do You Have to File a Construction Defect Claim?

Each state has different statutes of limitations that limit how long you have to file a claim. In Florida and Kentucky, these timeframes vary based on the type of defect and when it was discovered. It’s crucial to act quickly—waiting too long may prevent you from recovering damages.

When Should You Contact a Construction Defect Attorney?

If your builder is unresponsive, your home warranty has expired, or your insurance company is refusing to cover necessary repairs, legal action may be your best option. An experienced construction defect attorney can:

  • Evaluate your claim
  • Identify the responsible parties
  • Negotiate with builders, contractors, or insurance providers
  • Represent you in court if necessary

At Boggs Law Group, we specialize in protecting homeowners who have suffered losses due to construction defects. Our experienced attorneys will fight to hold negligent builders, contractors, and developers accountable so you can recover the compensation you deserve. If you suspect a construction defect in your home, don’t wait. Contact us today for a free consultation and let us help you protect your investment.