Construction Defects Lawyer Philadelphia

Legal Remedies for Construction Defects in New Homes

What Legal Remedies Exist for Homeowners Who Discover Construction Defects After Moving In? 

In new home construction, homeowners who discover construction defects after moving in may have various legal remedies available to address the issues. These remedies 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.

Beyond these options, homeowners might also explore mediation or arbitration to reach a settlement without the need for a prolonged court battle. This can be a faster, more cost-effective solution; however, it's crucial to consult a construction defects lawyer in Philadelphia to offer guidance specific to the laws in your jurisdiction.

Who is Liable for Construction Defects in Philadelphia?

The type of construction defect 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.

Ultimately, identifying the responsible party often requires a thorough investigation that includes collecting evidence, interviewing witnesses, and possibly hiring experts to evaluate the extent and cause of the defect. This is why having a skilled legal team is indispensable. They can navigate these complexities to ensure that all liable parties are identified and held accountable, especially in multi-party claims where various contributors could share fault.

There are many potential parties who could be to blame for a construction defect. You need an experienced construction defects lawyer near you in Philadelphia who 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 be registered with the office of the state’s Attorney General every couple of years. 

These construction professionals must also include specific language in purchase contracts, 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. 

HB 879 not only offers post-purchase protection but also emphasizes transparency and responsibility on behalf of builders past the point of sale. This law empowers homeowners, providing them with more leverage when addressing defects that can impact their property's condition and value long after initial construction. Staying informed about such legislative changes is crucial, as it affects your rights and remedies in the event of construction defects.

FAQs About Construction Defects & Legal Remedies

What Are the Signs of Construction Defects?

Homeowners should remain vigilant for signs that indicate construction defects, as early detection can prevent further damage and lessen potential repair costs. Typical indications include uneven floors, faulty plumbing, leaks, and persistent drafts despite newly installed windows or doors. Consulting with a professional home inspector can provide a thorough assessment of possible issues that might be overlooked. Being proactive in recognizing these signs can significantly impact the quality and safety of the building and lessen long-term expenses.

How Do I Start a Construction Defect Claim in Philadelphia?

If you believe your property has Pennsylvania construction defects, the first step is to gather all relevant documentation, including contracts, warranties, and any correspondence with builders. Documenting the issue with photos and expert evaluations will bolster your case. Consulting a skilled construction defects attorney in Philadelphia can provide guidance on navigating the legal process and determining what steps to take next.

What Should I Expect During the Legal Process?

The legal process for a construction defect claim can involve several stages, including filing a claim, pre-trial procedures like mediation, and possibly a court trial. Homeowners should be prepared for each phase, understanding that claims can be time-consuming. Legal representation that offers clear communication throughout your case can alleviate stress and ensure you are informed at every step.

Are There Time Limits for Filing Construction Defect Claims?

In Pennsylvania, the statute of limitations can limit the timeframe for filing a construction defect claim. Homeowners generally have two to twelve years to file, depending on the specifics of the defect and when it was discovered. Being aware of these time limits is crucial; failing to file within the allowed timeframe may forfeit your right to seek legal remedies. A competent construction defects attorney near you can help ensure your claim is filed within this window, preserving your rights.

Can I Recover Compensation for Emotional Distress?

While construction defects primarily result in physical property damage, they can also cause significant emotional distress and inconvenience for homeowners. In some cases, it may be possible to seek compensation for these non-economic damages, depending on the circumstances of your claim. Discussing your situation with a construction defects lawyer in Philadelphia will clarify whether pursuing emotional distress claims is feasible and what evidence may be needed to support such an argument.

Trust Weisberg Law for Your Construction Defect Litigation Case

Construction law is complex and requires a thorough understanding of current laws and codes to advocate for your rights. At Weisberg Law, our team of construction defects lawyers 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 879 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 construction defects litigation attorneys in Philadelphia 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 case, negotiate outside of the courtroom, and go to trial when needed.

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