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Construction defect claims: What damages can you seek?

On Behalf of | Mar 21, 2025 | Construction Defects

Building a home is a significant investment, and you expect quality workmanship that will last years. What if things start going wrong? Maybe cracks appear in the walls, the roof leaks after the first heavy rain or the foundation starts shifting? These are more than minor inconveniences. They can lead to serious financial loss and even safety hazards.

If your property has significant defects due to poor construction, faulty materials or design flaws, you may have the right to seek compensation. Understanding the damages you can recover is crucial to protecting your investment and ensuring your home remains safe and livable.

Repair costs

Fixing construction defects can be expensive, but you don’t have to pick up the tab. You may be entitled to recover the full cost of the necessary repairs to restore the property to the condition you originally expected if the defect stems from negligence or code violations.

Diminished property value

Some defects can permanently reduce your home’s value by making it less desirable to buyers, even after repairs. If so, you may recover compensation for the lost value. The whole point is to bridge the gap between what your home would have been worth without the defect and its reduced value.

Temporary housing expenses

Some construction defects can make your home unsafe or unlivable. They include structural instability, severe water damage, mold growth or electrical hazards. If you had to move out and seek alternative accommodation in hotels or short-term rentals, you may recover such expenses.

Legal costs and expert fees

You may need to hire structural engineers, contractors or building inspectors to assess defects and provide expert reports when pursuing a construction defect claim. That’s on top of the legal expenses involved. You shouldn’t be overwhelmed by the expenses of proving your case, which is why the law provides for such damages in some instances.

It’s worth noting that you may have some legal obligations as a homeowner dealing with a construction defect, such as the duty to mitigate damages. It means taking reasonable steps to prevent further harm, like making temporary repairs and promptly notifying the builder. Seeking legal guidance can help you take the proper steps to maximize your recoverable compensation and safeguard your interests.