Philadelphia Construction Defect Litigation Attorneys

What Legal Remedies Exist for New Home Construction Homeowners Who Discover Construction Defects After Moving in? 

When it comes to new home construction, homeowners who discover construction defects after moving in may have various legal remedies available to address the issues. These remedies can depend on factors such as the nature of the defects, the applicable laws, and the specific circumstances of the case. 

Some potential legal remedies that homeowners might consider include:

• Statute of Limitations: Understanding the statute of limitations for construction defect claims is essential. This legal recourse allows homeowners to seek remedies for damages within a specified timeframe after the discovery of the defects.
• Implied Warranty of Habitability: Many state courts recognize an implied warranty of habitability, which entitles homeowners to remedies for major defects that affect the habitability of the property.
• Suing the Builder: Homeowners may have the option to sue the builder for construction defects and seek remedies such as necessary repairs or cash compensation for damages incurred.
• SB 800 "Right to Repair Act": Under this act, homeowners may not be limited to repair remedies for construction defects and may have the option to sue for property damages related to the defects.
• Tort Claim for Negligence: In cases of construction defects, homeowners can bring a tort claim for negligence, encompassing elements such as duty, breach, causation, and damages.

It's important for homeowners to consult with legal professionals experienced in real estate litigation to explore the specific legal remedies available to them based on the circumstances of their construction defect claims.

Who is Liable for Construction Defects in Philadelphia?

The type of construction defect that is affecting your home or business will determine who can be held liable for damages. For example, if there is a flaw in the design of the building, then the architect or engineer might be responsible. A construction defect that occurred during the building phase could be the fault of the carpenter, plumber, contractor, or other party. Additionally, there could be a defect in the construction materials, in which case the manufacturer could be held liable.

There are many potential parties who could be to blame for a construction defect. You need an experienced Philadelphia home defect lawyer that has the necessary resources to fully investigate your case, determine all liable parties, and put together a solid claim to hold them accountable for the damages they have caused you.

How HB 879 Protects Homeowners in Pennsylvania

During the Pennsylvania House’s Regular Session 2021-2022, HB 879 established new protections for homeowners who purchase residences with defects and ensures they have all the necessary information before purchasing their new home. This bill mandates that all home builders are registered with the office of the state’s Attorney General every couple of years. 

These construction professionals must also include specific language in purchase contractions, including arbitration clauses, and inform consumers in writing of any defect they find within three months. The home builder has the legal obligation to inform owners of a construction defect for 30 years after completion of the building. 

The requirements in HB 879 are consistent with the International Residential Code (IRC) and the Uniform Construction Code (UCC), which consolidates protections for homebuyers. 

Contractors must have Commercial General Liability coverage although they do not need an endorsement for defective workmanship. 

Trust Weisberg Law for Your Construction Defect Litigation Case

Construction law is complex and requires a thorough understanding of current laws and code to advocate for your rights. At Weisberg Law, our team of construction defect attorneys in Philadelphia has successfully supported many clients through a wide range of real estate cases. We are here to address any questions or concerns you may have about your case and the legal solutions available.

For clients whose circumstances fall under the scope of HB 879, we can check whether the responsible parties for your home defects are listed in the bill. Indeed, HB  since it does not refer to certain construction actors such as architects or design professionals.

Although HB 879 does not help homeowners with existing problems before the law went into effect, our team can carefully evaluate your situation and look for a legal solution that meets your needs and goals. You can always expect a detailed and honest evaluation of your options.

Our Philadelphia construction defect litigation attorneys value clear communication and you can expect us to call you back within 24 hours. We can aggressively protect your rights and interests to help you secure a positive outcome for your construction defect issue. We can help you compile appropriate evidence to support your claim, negotiate outside of the courtroom, and go to trial when needed.

Call Weisberg Law today at (610) 550-8042or fill out our online formto schedule a consultation in Philadelphia to discuss your home defect litigation case.