Defects are classified as design, material, workmanship, or subsurface. Claims may sound in negligence, breach of contract, breach of warranty, or strict liability depending on the jurisdiction and the parties involved.
Many states require pre-suit notice and an opportunity to repair.
Alternative Names:
Construction Defect Claim, Building Defect
Why it Matters?
Right-to-repair statutes are the threshold in most states, requiring notice, an inspection opportunity, and a chance to cure before suit, and noncompliance produces dismissal or abatement. Identifying which defects are design versus workmanship also determines which defendants bear responsibility, since the designer and the contractor are separately insured and separately liable. The economic loss rule frequently limits recovery to contract remedies absent personal injury or damage to other property.
Frequently Confused with
Related terms
Frequently asked questions
What is a right-to-repair statute?
Why does the design and workmanship distinction matter?
