There’s something about the smell of a newly constructed house. It may be the realization that you are moving into something that is uniquely yours, just waiting for you to add the finishing touches that turn a house into a home.
Another reason it’s exciting is that, since everything is new, you shouldn’t have any issues with leaky pipes, faulty wiring or any of the other problems that seem to plague older homes. After sinking a considerable amount of money into building your home, it can be incredibly frustrating to discover defects in the construction.
Common types of construction defects
A construction defect is any issue in the structure’s design, workmanship or materials that reduces its value, usability or safety. They typically fall into three types:
- Design defects: There are faults in the architectural plan that lead to problems during construction. For example, failing to put in proper drainage around the foundation can lead to cracks and flooding in your basement.
- Workmanship defects: The contractor, their employees or sub-contractors don’t follow proper construction procedures, such as failing to square the walls, which is essential for structural stability.
- Material defects: Substandard or defective materials were used in the construction, like improperly treated wood that’s prone to rot.
For a homeowner, construction defects have significant consequences, such as:
- Costly repairs
- Health and safety risks (mold, structural instability)
- Time and effort spent fixing the problems
Defects can emerge immediately after construction, or they may not be noticeable for years.
Fortunately, Alabama considers that time period. There are two laws with specific deadlines for construction defect claims:
- Statute of limitations: Homeowners have two years from the time they discover (or should have discovered) a defect to file a claim.
- Statute of repose: There is a hard deadline of seven years from the substantial completion of the construction to file a claim. Therefore, if the defect isn’t discovered until six years after the house is completed, the homeowner only has one year left to file a claim.
There is also the implied warranty of habitability, which means that builders are expected to construct homes that are safe and suitable for living in.
If you discover a defect in your new home, thoroughly document the issue and take pictures. Inform the responsible party and provide them with the opportunity to repair the problem. Maintain records of all communications. If the defect isn’t addressed within a reasonable timeframe or the builder outright refuses, you should contact someone knowledgeable about construction law. They can explain your options and help ensure your rights are upheld.
