Information Center Housing & Construction Defects
Construction Defect Claims
Homeowners who have discovered a defect in their houses may pursue several different types of claims in order to recover the damages they have suffered. An experienced attorney can help determine homeowners determine which cause of action is best for their particular case. For more information, contact Herrig & Vogt LLP in Sacramento, California, today.
Breach of Express Warranty
Normally when a homebuyer purchases a home, the contract of sale may include certain warranties regarding the fitness of the home and the quality of the workmanship. These are known as express warranties. The homebuilder must meet the requirements of these warranties to fulfill his or her obligations under the contract. If he or she fails to do so, the homebuyer may have a cause of action against the homebuilder for the breach. Generally, once the sale of the home has been completed and the homebuyer receives the deed to the house, the express warranties in the contract for sale are no longer applicable unless they have been replicated in the deed. In some instances, even if the express warranties are not carried over into the deed, the homeowner may still have a cause of action against the homebuilder if these warranties are breached.
Breach of Implied Warranty
In addition to any express warranties, homebuyers who purchase a new construction home (i.e. generally meaning no one else has lived in the home previously) also receive an implied warranty of habitability and fitness from the homebuilder. This means that the homebuilder warrants the craftsmanship of the home and its suitability to be used as a residence by the homebuyer. If after purchasing the house the homebuyer discovers a hidden, or latent, defect, the homebuyer may request the homebuilder to correct (or cure) the defect. If the homebuilder is unable or unwilling to do so, or otherwise fails to correct the defect, the homebuyer may bring a claim against the builder for breaching the implied warranty.
Negligent Construction
Negligent construction claims are tort claims, meaning that the homeowner will be limited to only recovering personal damages he or she suffered as a result of the negligence. Some courts do not allow homeowners to recover costs for damages to the property in negligent construction claims. In this type of case, the homeowner is making the claim that the homebuilder failed to exercise reasonable care in constructing the home and because of this failure, the homeowner suffered personal injury.
Fraudulent Concealment of Dangerous Conditions
If the homebuilder or home seller knew of a dangerous condition in the house or property prior to selling it and failed to notify the homebuyer of this condition, the homebuyer may have a cause of action against the builder or seller for fraudulent concealment of a dangerous condition. For example, if the home seller knew the home had a mold problem and did not disclose the condition to the buyer, the seller may be held liable for the concealment. In some instances, a real estate agent who knew of the dangerous condition and failed to reveal it also may be included in a fraudulent concealment case.
Conclusion
These are only some of the claims you may have in a construction defect claim. Depending on the facts of your case, other causes of actions may be available. Contact Herrig & Vogt LLP in Sacramento, California to have your construction defect claim evaluated by an experienced attorney today.
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