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Proving liability for a construction defect

On Behalf of | Jul 28, 2021 | Construction Defects

When you buy a brand-new home or have your existing property renovated, you expect the results to last a lifetime. Unfortunately, construction defects can negatively impact your ability to enjoy your home.

Review the factors that affect contractor liability in the case of residential construction defects in Pennsylvania and New Jersey.

Pennsylvania construction defects

Pennsylvania allows homeowners to sue if the property does not meet either the warranty of reasonable workmanship or the implied warranty of habitability. The latter requirement means that the home must be fit to live in with working electricity, plumbing and running water. The warranty of reasonable workmanship mandates that the contractor use professional building methods and quality materials that will withstand the local climate.

You may also be able to sue if the developer or builder does not meet specific terms of the contract. Some homeowners file negligence claims against a home inspector who fails to detect defects.

Pennsylvania gives homeowners two to four years to sue depending on the grounds for a construction defect lawsuit.

New Jersey construction defects

Homeowners in New Jersey can also sue for breach of contract or negligence if construction defects occur. In addition, the state allows claims for personal injury and property damage resulting from construction defects. The standard of negligence indicates that the builder failed to meet the expected duty of care. The statute of limitation for construction defects can extend up to six years in New Jersey.

Acting quickly can ensure you have a chance to file a legal claim in this challenging situation.

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