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.

 
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.

 

Other Construction Defect FAQs:

• How does South Carolina law protect home purchasers?
• How long do I have to file a suit against the developer or builder for my home?
• How long does a construction lawsuit last?
• How much will a construction lawsuit cost me?
• I did not purchase my home or condo directly from the builder. Do I still have a claim against the builder?
• If I sue my builder, can I continue living in my home or condo while the lawsuit is ongoing?
• If I sue my builder, will I have to go to court?
• If my warranty has expired, does that mean I no longer have a claim against the developer or contractors?
• If the builder or developer that sold me my home, townhome, or condo is no longer in business or is bankrupt, can I still recover for construction defects?
• Is arbitration mandatory?
• What are signs that foundation or settlement problems exist in my home?
• What are signs that problems exist in the walls of my home?
• What are signs that roof problems exist in my home?
• What are signs that water leak problems exist in my home?
• What are signs that window or window leak problems exist in my home?
• What are some of the potential construction problems in roofs?
• What are some of the potential construction problems in walls?
• What are some of the potential construction problems related to foundations, soil, and settlement?
• What are some of the potential construction problems related to windows and window leaks?
• What are some potential construction problems related to water leaks?
• What are the benefits and drawbacks of arbitration?
• What compensation can I get from a lawsuit for construction defects?
• What duty does a homeowner’s association have in relation to construction defects?
• What if the builder says there is no problem with my home?
• What is a class action?
• What is a construction defect?
• What is arbitration?
• What is flashing?
• What is mildew?
• What is mold?
• What is wood rot?
• What role do homeowner’s associations play in addressing construction defects?
• What should I do if I find a construction defect?
• Where does The Steinberg Law Firm handle construction cases?
• Who can sue for a problem in a townhome or condominium?
• Who is responsible and liable for a construction defect?
• Why do I need to hire a lawyer experienced in construction issues?
• Why should I worry about construction problems when my builder gave me a warranty?