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Does your new property have construction defects?

On Behalf of | Dec 18, 2023 | Real Estate

Buying a property is a significant investment. You spend time and resources ensuring you get a quality commercial or residential property.

What happens if you find construction defects after purchasing real estate? You have legal options to address these issues and protect your investment.

Identify the defects

Construction defects can significantly impact the value of a property. Some common types of construction defects include:

  • Structural issues like unstable or cracked foundations
  • Subsurface defects such as shifting soil or steep hillsides
  • Design defects or defective building materials
  • Poor work quality
  • Improperly installed electrical systems
  • Unsuitable sealing

Document the defects. Take photographs and keep a detailed record of the issues you observe.

Notify the builder

Check if a builder’s warranty covers your property. New homes often have a contract that covers defects for a specified period. Promptly notify the builder in writing. Be sure to adhere to any notice requirements outlined in the warranty. The law typically gives builders time to rectify issues before you can pursue legal action.

The Maryland Home Improvement Commission oversees home improvement contractors in the state. If your builder fails to address the defects, you can file a complaint with this entity. They can investigate and take disciplinary action against the builder if necessary.

Seek legal recourse

Many construction contracts include provisions for dispute resolution using mediation or arbitration. This alternative dispute resolution process can be quicker and less expensive than traditional litigation.

You may consider filing a lawsuit against the builder if all else fails.

A study shows that 4% of construction projects in the United States have construction defects. By being proactive and understanding your rights, you can protect your investment and ensure a proper resolution.