Building a home is a complex undertaking that requires meticulous planning followed by strict observance of construction best practices. While it certainly is true that many new homes are built with impeccable attention to quality, it is unfortunately also the case that serious construction defects can – and often do – occur. The owner of a new or recently built home who discovers a construction defect should be able to hold the builder or other party liable for money damages.
Burg Simpson is a nationally recognized leader in construction defect litigation. The construction defect attorneys at our award-winning law firm proudly represent homeowners, homeowner association (HOA) boards, and commercial property owners at all stages of the construction defect litigation process. Our team has skillfully handled dozens of complex construction defect cases and has earned a nationwide reputation for holding negligent parties accountable.
We handle construction defect claims cases at our BURG SIMPSON ARIZONA, BURG SIMPSON COLORADO, BURG SIMPSON FLORIDA, BURG SIMPSON NEW MEXICO, and BURG SIMPSON WYOMING offices.
The construction defect attorneys at Burg Simpson are seasoned legal professionals who are highly skilled in all aspects of settlement negotiation and trial work. Our motto – “Good Lawyers. Changing Lives” – embodies the Burg Simpson commitment to helping people successfully navigate a wide range of complex legal challenges.
Types of Construction Defects
A major point of contention in just about every construction defect case is determining whether there is, in fact, a construction defect serious enough to give rise to legal liability. A construction defect is generally defined as a condition that reduces the value of a structure or threatens the safety of its occupants, with said condition resulting from a flaw in design, workmanship, or materials (as opposed to ordinary aging or wear and tear).
At Burg Simpson, our construction defect attorneys have experience litigating cases involving the following two main types of construction defects:
Patent Defects
A patent defect is essentially any construction error that is readily apparent to a trained building professional during a site inspection. Examples include large cracks in a basement foundation, a prematurely aging roof, faulty plumbing or electrical work, or a building code violation.
Latent Defects
A latent defect is one that exists at the time of construction but isn’t detected until after – sometimes years after – construction is completed. Unlike patent defects that generally can be discovered and fixed early on, latent defects are effectively concealed building flaws that can slowly but eventually lead to significant structural damage. Construction defects of this nature include building subsidence, ineffective waterproofing, or understrength structural components such as joists, I-beam, and roof trusses.
Statute of Limitations
State laws require property owners to initiate a construction defect claim within a certain period of time, commonly referred to as a statute of limitations. This timeframe can vary from state to state, with some having a two-year statute of limitations window for construction defect lawsuits that begins “after the claim for relief arises” while others may be longer or shorter. A claim “arises” under this statute when a homeowner either discovers or should have discovered a construction defect.
The importance of the statute of limitations applicable to construction defect claims can’t be overstated. If you own a home or other type of structure with a suspected defect, it is vitally important that you promptly seek the advice of the construction defect attorneys at Burg Simpson. Your claim for compensation could be barred if it is filed outside of the statute of limitations period.
Schedule a Free Case Evaluation
Burg Simpson is home to some of the most highly regarded construction defect attorneys in the nation. They are knowledgeable, experienced professionals who have a long and decorated track record of representing everyday people.
If you suspect a construction defect and would like to explore your legal rights and options, then schedule a free case evaluation with one of the construction defect attorneys at Burg Simpson. Call us toll free at (888) 895-2080 or request your FREE case evaluation online to get started!
