Q: What is a construction defect?
A: A construction defect is a condition in your home that reduces the value of the home. Some defects are obvious such as water seepage, but many are less obvious and do not become apparent until years after the home was built.

Q: What causes a construction defect?
A: A construction defect can arise from a variety of factors, such as poor workmanship or the use of inferior materials. Many arise from a combination of factors, including:

• Improper soil analysis and preparation
• Site selection and planning
• Civil and structural engineering
• Negligent construction
• Defective building materials

Q: What are some of the most common types of construction defects?
A:The most common types of defects involved in litigation include:

• Mold
• Water issues
• Electrical systems
• Landscaping and soil
• Faulty drainage
• Foundation, floor, wall and roof cracks
• Dry rot
• Structural failure
• Heating and electrical

Q: How is a construction defect proved in court?
A: It depends on the defect. Some defects are obvious and are called "patent". Other defects are hidden or do not become apparent until years after the home was built. These defects are called "latent". A successful construction defect litigation claim relies on the testimony of experts who specialize in specific areas of construction. The experts investigate the defect, evaluate the cause and make recommendations for how to remedy the defects.

Q: What kind of damages can be recovered?
A: It depends on the facts and circumstances of your case, but in general the cost of repairs and the decline in the value of your home may be recovered. Additionally, other recoverable damages might include the loss of the use of property during the repair, the cost of temporary housing, court costs, and in some instances the attorney's fees if provided for in the contract or by your state's laws. Of course, any personal injuries resulting from the defect may be recovered. In some instances punitive damages may be assessed against the defendant if the court finds their behavior to be reckless and intentional.