Construction defects can lead to a wide range of problems including leaks, structural issues, and failed building inspections. Generally, the key to resolving these disputes is determining whether the building owner is just subjectively displeased with the work performed or whether it was objectively poor. Objective indicators include obvious defects such as leaks, failure to meet building code, or use of materials that are generally avoided by contractors handling similar projects. While the law usually does allow additional time to bring a construction defect claim to allow time for defects to be discovered, it’s important to contact an attorney as soon as you suspect work might be defective.
Homeowners’ Association Disputes
Further complications arise when work may have been up to code but not up to higher standards set by the local homeowners’ association. A dispute between the contractor and homeowner is easily resolved by determining whether the contractor was aware of the additional requirements and under a contractual obligation to follow them. Between the HOA and homeowner, several questions must be answered including whether there was a violation, was the homeowner obligated to comply, and what is the appropriate remedy. We have experience representing all sides of these disputes and can help you understand your rights and remedies.