Buying a new home is a milestone. And, if you are a new homeowner in Norcross, Georgia, you are excited to enjoy your dream house. However, what if you discover some defects in your new home that affect its quality, safety or value? Who can you sue for these defects and what are your legal rights?
What are construction defects?
Construction defects are flaws or errors in the design, materials, workmanship or systems of a new home that cause it to fail to meet the reasonable expectations of the buyer. Construction defects can range from minor cosmetic issues to major structural problems that threaten the integrity and safety of the home.
There are several potential construction defects. Though, some examples of construction defects are cracks in the foundation, walls or ceilings and leaks in the roof, windows, or plumbing. Other defects include electrical or mechanical malfunctions, improper drainage or grading and defective flooring, cabinets or countertops. And, among other things, defects can also include faulty insulation, ventilation and heating and cooling systems.
What is the damage?
Construction defects can cause various damages to the homeowner. Examples of common damages include reduced property value, increased repair and maintenance costs, loss of use and enjoyment of the home, health hazards and personal injuries and emotional distress and inconvenience.
Who can you sue?
Depending on the nature and cause of the defect, you may be able to sue different parties who were involved in the construction of your new home. These parties may include the builder or general contractor who oversaw the project, subcontractors who performed specific tasks or trades and the architects or engineers who designed the home. Other parties include the suppliers or manufacturers who provided defective materials or products and the inspectors who failed to detect or report the defect.
To sue any of these parties, you will need to prove that they breached a contract, warranty, duty of care or a statutory obligation that resulted in the defect and your damages. You will also need to show that you acted reasonably to mitigate your damages and that you complied with any notice or claim requirements.
What are your legal rights as a new homeowner?
As a new homeowner in Georgia, you have certain legal rights and remedies when it comes to construction defects. These rights and remedies may vary depending on the terms of your contract with the builder, the type and severity of the defect and the applicable laws and regulations.
