Home Builder Construction Defects are common civil disputes in Wagoner County. Contractors generally work ethically and with a desire to provide quality results for their clients. Sometimes though this is not what happens. Whether you can sue your home builder for construction defects and what remedies are available to you depends on a few different factors. Additionally, those factors may include the terms of your contract with the builder, the specific nature of the defects, and applicable law in Oklahoma. Here is an overview of some general reasons for disputes and potential remedies available to you.
Common Defects In Home Construction
Construction defects can manifest in various forms, affecting different aspects of your new home build. Sometimes defects in new home construction are not always apparent. This is especially true if the defect is structural or covered up or otherwise not visible to the eye. Evan as a subsequent owner of the house you may still have a claim against the builder if the defect is not something an inspection would uncover. Here are some common examples of construction defects:
- Structural Defects: These are defects that affect the structural integrity of the building, such as:
- Cracks in the foundation or walls. Many construction company’s may try to attribute this to normal settling. This is not an excuse. If the structural defects are serious enough cracks in the walls or foundation can cost you tens of thousands.
- Sloping or uneven floors. This is a little easier to detect by simple observation. Sloping or uneven floors are indications of serios quality control.
- Roof framing issues, such as sagging or improper installation
- Inadequate support beams or columns
- Water Intrusion and Moisture Problems: Improperly installed or sealed components can lead to water intrusion and moisture-related issues, including:
- Leaking roofs or windows
- Water seepage through walls or foundation
- Mold or mildew growth due to moisture accumulation
- Rot or decay of wood framing or other materials
- HVAC (Heating, Ventilation, and Air Conditioning) Issues: Defects in the HVAC system can result in comfort problems and reduced energy efficiency, such as:
- Inadequate heating or cooling
- Poor airflow or ventilation
- Malfunctioning thermostats or controls
- Improperly sized or installed ductwork
- Plumbing and Electrical Problems: Defects in plumbing and electrical systems can pose safety hazards and functional issues, including:
- Leaking pipes or fixtures
- Clogged drains or sewer lines
- Faulty wiring or electrical outlets
- Overloaded circuits or inadequate electrical capacity
- Finishing Defects: These are defects related to the cosmetic or finishing aspects of the home, such as:
- Cracked or uneven drywall
- Poorly applied paint or finishes
- Misaligned or improperly installed trim or molding
- Damaged flooring or tile work
- Code Violations: Failure to comply with building codes and regulations can also constitute construction defects, including violations related to:
- Structural design and load-bearing capacity
- Fire safety measures
- Accessibility requirements
- Energy efficiency standards
Remedies For Breach Of Contract:
If your builder failed to fulfill their obligations under the construction contract, you may have grounds to sue for breach of contract. There are several different basis’s to sue under. Thus, this could include defects in workmanship, failure to meet building code requirements, or other violations of the express terms of the contract. Our business law attorneys assist you to recognize and prepare for breach of contract disputes.
Implied Warranty of Habitability:
Many states recognize an implied warranty of habitability, which requires that newly constructed homes be reasonably fit for living. Further, if your home has significant defects that affect its habitability, you may be able to sue the builder for breaching this implied warranty. For example, habitability claims look largely to local living and building codes and measure habitably from there. Hence, if the home is not in substantial compliance with building or living codes this might be a breach of implied warranty of habitability.
Statutory Remedies:
Oklahoma has laws specifically addressing construction defects and providing remedies for homeowners. Over the years the State of Oklahoma has passed several different statutes and consumer regulations designed to protect consumers in construction disputes. Further, these laws may impose obligations on builders to repair defects or compensate homeowners for damages.
Negligence:
If the builder’s actions or omissions amounted to negligence, you may have a claim for negligence. This could include situations where the builder failed to exercise reasonable care in the construction process, leading to defects. Additionally, a negligence claim typically involves an injury to someone resulting form the negligent construction. Further, if it is shown that the proximate cause of the personal injury is the negligence you will be entitled to additional damages.
Remedies For Breach:
Remedies for construction defects can vary but commonly include repair or replacement of defective components, reimbursement for repair costs, diminution in property value, and compensation for inconvenience or other damages suffered as a result of the defects.
Attorney Fees Might Be Awarded:
In some cases, prevailing parties in construction defect lawsuits may be entitled to recover attorney fees and costs. However, this will depend on state law and the specific circumstances of your case. Oklahoma has attorney fee statutes that allow for the recovery of attorney fees in certain types of construction defect cases. Generally this is separate hearing from the liability hearing. Thus, the judge will consider all the facts of the case and can award fees.
Wagoner County Construction Attorney
Home Builder Construction Defects in Wagoner County are maddening. You contracted for honest quality onetime work and somehow got something else. Before proceeding with legal action against your home builder, it’s essential to consult with a qualified attorney who specializes in Oklahoma construction law or real estate litigation. For a free consultation with an Oklahoma construction defects attorney call Kania Law Office – Wagoner at 918-283-7394. Or click this link to ask a Wagoner attorney an online legal question
