Every homeowner or tenant deserves to live in a safe home – one that will always remain strong and well-protected as tenants change or as residents grow old. A person’s home must be free of unnecessary maintenance and be able to withstand the forces of wind, rain and extreme weather without giving in.

That is why if somebody involved in the Construction or home repair process was negligent in doing their duties, causing actual or potential harm to the people who live in the homes they worked on, then they should be held liable for all damages.

Before we can determine who must be held responsible, we must first identify the actual defect and the type of defect that it is. Some Defects may be due to the repairman’s negligence while others may have been disasters waiting to happen from the start. Here are the four major categories of construction defects for which an injured resident can file a lawsuit in a civil claims court:

Design deficiencies

Perhaps your roof was built in such a way that it collected too much water when it rained, such that it finally began to seep through your ceiling, causing mold. Or maybe the second story caved in because there were not enough pillars to adequately support it.

These are examples of design Deficiencies – defects that have been built into the design and construction of the home. If this is the case, then it is the architects or the engineers of the building who are usually to blame for such flaws.

Material deficiencies

These deficiencies are present in the parts of the home that are often installed during its construction. For example, the glass in the window was too weak against the rain and cracked under the pressure, or the floorboards on the staircase had cracked when they left the warehouse.

These are material defects and often it is the manufacturers of the defective part of the house that must be held liable for either manufacturing or selling a defective product. If a defect like a bend or a crack occurred while it was being installed, then someone on the construction crew may be held responsible. However, this would bring us to the next major type.

Construction deficiencies

Construction deficiencies are those that occur because of a low quality of workmanship and installation, including defective plumbing, which causes flooding or defective electrical wiring which tends to cause a power outage far too many times.

In this case, it is usually the contractor, plumber, electrician or any other worker who is supposed to make the house a functional, inhabitable one, who must be held liable for poor quality work or negligence.

Operational deficiencies

Operational and maintenance deficiencies are defects caused by the owner or the resident. These occur when the owner does not properly maintain the house. For example, the owner might leave the air conditioning on during the winter so that the pipes freeze and ultimately burst or a growing mold on the wall is not removed before it causes immense, irreversible damage.

In almost every stage of the building process, contractors must abide by certain standards or codes that help ensure that the quality of your home is acceptable. If they violate this code, your chances at recovering compensation become a lot higher.

It is important that homeowners properly observe and document everything that happens during the construction of the house. From the materials used to the final inspections, make sure you keep a record of everything so that in the event you find a construction defect, you can exercise your right to get it corrected or file a lawsuit to recover compensation if you sustain an injury. If you entrusted the entire construction of your house to a single developer, you may not have to worry about identifying who is liable and file a claim against your developer. A lawyer can help you understand the process better.

If you want to get more information, or if you believe you have been the victim of a construction defect in your home, you can connect with our construction defect lawyers right now for free to get a consultation. You can do this by calling us, sending us an online message or leaving us a comment below. We are always available.

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