Casey & Skoglund, PLLC has prepared a series of frequently asked questions and answers. Please do note, these answers are for your ease in the initial fact-finding process; more comprehensive responses await you during your free consultation.

·         When does a construction defect exist?

Construction defects are typically those portions of your home, Community and/or building that are not built in accordance with applicable building codes, approved plans and specifications, the manufacturers’ recommendations, or within commonly accepted building industry standards. The result is a building component(s) does not function as intended.

·         Should we be concerned with allowing too much time to pass after discovering a construction problem?

Yes. Perfectly valid claims for major construction defects have been lost because an Owner or Association did not act promptly. The most valuable litigation tool at the disposal of a Homeowners Association is a body of law identified as the “Condominium Act”, along with and a Unit Owners’ purchase and sale documents, including all documents accompanying it. If a legal remedy is not pursued timely, causes of action are forfeited. We recommend, upon discovery of any construction problem, you consult with us on the various statutes that apply to your situation.

·         If everything works fine and looks fine, is it possible that construction defects or problems exist at our condominium?

Yes. If a building or its components are in violation of a building code, a construction defect exists regardless of how well things look or function. Such a situation should be addressed promptly.

·         What are the most common indicators of construction defects that we should be on the lookout for?

One of the most common indicators of a construction problem is the existence of water stains in areas not immediately or directly affected by rainfall. Another common indicator is the existence of standing water on porches or other flat areas. Though more difficult to notice from casual observation, another common issue is water penetrating from improperly installed roofing shingles and roofing systems. This type of water penetration is particularly dangerous and destructive, and often results in rotting and/or moldy wood, wallboards, carpeting or drapes, as well as warped flooring and cracked wall surfaces.

·         What kind of relief may I expect to receive as a result of construction defects in my home?

The answer to this question depends upon the legal theories that apply to your situation and the particular facts of your case. You may be entitled to:

1.       Actual and compensatory damages, including past and future costs for repairing and restoring your damaged home or building, and reimbursement for any of the contents of your home or building that are damaged;

2.       Loss of income or rents, if applicable;

3.       Attorney fees and expenses of consulting construction experts;

4.       Diminution in the value, including “stigma” damages;

5.       Compensation for the expense of appraisal fees, storage charges, and cleaning costs;

6.       Compensation for the reasonable cost of rental or similar housing during periods of repair; and

7.       Post-judgment interest on your damages, as permitted by law.