When To Hire A Construction Defect Attorney


A construction defect attorney helps to protect buyers and hold contractors accountable who have performed construction work that fails to meet construction industry standards. In a typical construction defect case, a buyer purchases a newly constructed home and, after moving in, begins to notice construction defects in the home.

When a contractor refuses to repair the construction defects or fails to respond to claims for construction defects, the homeowner should consult with a construction defect attorney. Construction defects cause damage to property, and financial harm to the buyer or owner. A construction defect lawyer advocates for the client’s interests and, with the help of an expert in the industry, can advise as to whether the contractor has performed the work per construction industry standards.


Construction defects take on various forms. Generally speaking, construction defects include both patent construction defects and latent construction defects. Patent construction defects are easily identifiable and can be observed during an ordinary inspection. An example would be the wrong paint was utilized for the home. Latent defects, however, are typically hidden from view, can be concealed, or are not discoverable by a simple visual inspection. A latent defect can include very complex flaws in the foundation or framing and can sometimes compromise the integrity of the structure.

Among other things, construction defects can be caused by the builder’s poor workmanship, faulty design, and/or defective materials used during the building process.

The most common cause of construction defects is poor workmanship by the builder. This happens when, among other things, the contractors assigned to build a structure or home lack the skill to complete the work per industry standards, fail to supervise subcontractors, and/or fail to follow the design documents. Poor workmanship can result in a whole host of issues that range from minor nuisances to potentially dangerous conditions or health hazards. Some consequences caused by poor workmanship may include:

  • Leaks and Mold
  • Drywall cracks
  • Foundation cracks
  • Fire hazards due to defective electrical work

Leaks can pose a serious threat to the structure by causing extensive water damage that may also compromise the integrity of the structure. Trapped moisture can also create mold, which may pose a threat to one’s health. Mold can also cause extensive damage to the home as well as the materials inside. Treating a mold problem can be very costly and time consuming depending on the severity of the growth and the type of mold that is present.

Cracks in the drywall and foundation may be signs of a significant construction defect in the foundation or structural issues. Often times, cracks in the drywall are signs of heaving in the foundation or the contractor’s failure to import sufficient soil to alleviate any harm that may be caused by expansive soils.

Fire hazards may arise if the contractor improperly performs the electrical work for the structure.

Construction defects may also manifest as a result of design flaws. Design defects are usually the consequence of the contractor’s engineer generating defective plans.


Construction defects are not uncommon. Many construction defects are minor and can easily be remedied by the customer communicating with the contractor. However, if you have a builder who fails to adhere to their contractual obligations or refuses to correct construction defects, you may need legal counsel. Moreover, severe construction defects may warrant the need to hire a construction defect attorney because of the complexity involved in addressing such a dispute. Should you need a construction defect attorney to address a dispute with a contractor, contact Ranson & Kane PC for potential representation.

The following post does not constitute legal advice and is simply offered for informational purposes. No attorney client relationship is formed with Ranson & Kane PC until Ranson & Kane PC has been retained by the client and signed an engagement agreement.