What is a construction defect? | Steinberg Law Firm

What is a construction defect?

A construction defect is anything in your home, townhome, or condo that does not meet a standard the work is required to comply with. Under South Carolina law, everyone who worked on or developed your home was required to meet certain standards in constructing the home. Specifically, they are required to construct a home that is habitable and to perform their work in accordance with the building code and industry standards. If your home is leaking, is falling apart, or has other issues, it likely does not meet these standards. Some construction defects are immediately observable whereas others are not noticeable until years after the home was completed and cause damages over the course of those years. For example, defects can be hidden inside the walls, foundation, or roof of your home and not noticeable until the defect causes damages in other parts of the home.

Common construction defects we encounter are:

  • leaks and rot in exterior walls,
  • leaking windows,
  • leaking and failing roofs,
  • soil settlement, foundation movement, and foundation cracks,
  • cracking brick masonry,
  • moisture and mold problems,
  • cracking, separating, bowed, or stained flooring,
  • yards that hold water and don’t drain, and
  • heat and air conditioning systems that do not perform or cause moisture problems.
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    Construction defects can be caused by:

  • Negligent construction work;
  • Defective building materials;
  • Negligent architectural, engineering, or other design work; and
  • Negligent soil analysis or soil placement.
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