Construction & Design DefectsIn 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, our attorneys provide experienced legal representation for individuals and businesses faced with construction defects. Our lawyers understand the unique issues presented by construction defects. Our attorneys have successfully resolved cases involving synthetic stucco (exterior insulated finishing systems or "EIFS"), negligent design, inferior materials, and poor workmanship. Our attorneys work with architects engineers, contractors, and inspection professionals in conjunction with personal, hands-on, on-site investigations in order to protect our clients' legal 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. Resource Links:
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