Construction & Design Defects
In 2003 consumers purchased more than 1 million new homes at an average price
of $250,000.00. Increasingly, however, homeowners are discovering that their new
homes have serious defects. Purchasers of commercial real estate face a plight
similar to that of individual consumers. Structural defects and design flaws pose a
serious financial burden for consumers as well as a safety and liability risk.
Construction defects are often difficult to detect and seemingly insignificant
symptoms may indicate that a much larger underlying defect is present. In many
cases, the full extent of construction defects is very difficult for property owners to
assess until the passage of time reveals a significant problem. Many states have
adopted legislation that imposes strict time limits, procedures, and deadlines for
asserting construction defect claims. These limitations and restrictions may bar
claims for construction and design defects before the underlying defects are
discovered.
The difficulties faced by property owners are exacerbated when they offer their
property for sale. Most states have now adopted a version of the Uniform Real
Property Disclosure Act. Real estate sellers are required to deliver purchasers a
signed statement regarding the condition of their property. Undisclosed problems
frequently result in lawsuits by secondary purchasers of real property.
At Morton & Germany, we provide experienced representation for individuals and
businesses faced with construction defects. We understand the unique issues
presented by construction defects. We have successfully resolved cases involving
synthetic stucco (exterior insulated finishing systems or "EIFS"), negligent design,
inferior materials, and poor workmanship. We work with architects engineers,
contractors, and inspection professionals in conjunction with personal, hands-on,
on-site investigations in order to protect our clients interests and maximize their
recoveries. If you suspect that your residence, manufacturing facility, office
building, or other real estate improvement was constructed or renovated using
inferior or defective materials or workmanship, please do not hesitate to contact us.
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