Your new home has cracks in the foundation, the roof leaks, or the plumbing is failing. Construction defects can turn your dream home into a nightmare—and cost tens of thousands of dollars to fix. If your home was poorly built, you may be able to sue the builder, contractor, or developer for the cost of repairs and other damages.
Quick Answer
You may be able to sue for construction defects under breach of contract, breach of warranty, negligence, or violations of building codes. Your builder’s warranty may cover some defects, and state laws may require repairs for certain problems. Many states have specific construction defect laws with notice requirements you must follow before suing.
Types of Construction Defects
| Category | Examples |
|---|---|
| Design defects | Plans that don’t work (poor drainage, inadequate structural support) |
| Material defects | Substandard or wrong materials used |
| Workmanship defects | Poor installation, sloppy work, failure to follow plans |
| Subsurface defects | Foundation problems, soil issues not properly addressed |
Common Construction Defects
- Foundation cracks and settling
- Roof leaks and improper flashing
- Water intrusion and moisture problems
- Stucco and siding failures
- Plumbing leaks and defective pipes
- HVAC system failures
- Electrical problems
- Windows and doors that leak or don’t seal
- Mold from construction moisture issues
Legal Claims for Construction Defects
Breach of Contract
If you have a contract specifying how your home should be built, deviations from those specifications may be a breach. This includes:
- Failure to build according to plans
- Using different materials than specified
- Not completing work described in the contract
Breach of Warranty
Express Warranty
Most new home builders provide a written warranty. Violations of warranty terms are actionable. Review your warranty carefully for:
- Coverage periods (often 1 year for general defects, longer for structural)
- What’s covered and excluded
- Notice and claim procedures
Implied Warranty
Many states recognize an implied warranty of habitability or workmanlike construction for new homes—even without a written warranty. This means the home should be:
- Built in a reasonably workmanlike manner
- Suitable for habitation
- Free from major defects
Negligence
Builders, architects, and contractors have a duty to use reasonable care. Negligence claims require showing:
- They had a duty to build properly
- They breached that duty
- The breach caused your damages
Building Code Violations
Violating local building codes is evidence of defective construction and may support negligence claims. Get a copy of your building inspection reports and any code violation notices.
State Construction Defect Laws
Many states have specific construction defect statutes that affect your rights. Common provisions include:
Notice Requirements
Before suing, you may be required to:
- Send written notice to the builder describing defects
- Give the builder an opportunity to inspect
- Allow the builder a chance to offer repairs
Critical: Failure to follow notice requirements can bar your lawsuit.
Right to Repair Laws
States like California, Texas, and Florida have laws giving builders the right to inspect and repair defects before you can sue. These laws often:
- Set specific timeframes for each step
- Require you to consider the builder’s repair offer
- May limit your damages if you reject a reasonable offer
Statutes of Limitations and Repose
You have limited time to sue:
| Deadline Type | Typical Range |
|---|---|
| Statute of limitations | 2-6 years from discovery of defect |
| Statute of repose | 6-12 years from construction completion (absolute deadline regardless of discovery) |
These vary significantly by state—don’t delay in consulting an attorney.
Who Can You Sue?
General Contractor
Usually responsible for overall construction quality, including work by subcontractors.
Developer/Builder
May be the same as the general contractor, or a separate entity responsible for the project.
Subcontractors
If specific work was defective (plumbing, roofing, foundation), the responsible subcontractor may be liable.
Architects and Engineers
If the design itself was defective, the design professionals may be liable.
Material Suppliers
If defective materials caused the problem (e.g., faulty windows, defective pipes), the supplier or manufacturer may be liable.
What You Can Recover
- Cost of repairs – What it costs to fix the defects properly
- Diminished value – If the home is worth less even after repairs
- Alternative housing – If you had to move out during repairs
- Personal property damage – If defects damaged your belongings
- Expert and attorney fees – In some states and under some contracts
Steps to Take
1. Document Everything
- Photograph all defects
- Keep records of when you noticed each problem
- Save all communications with the builder
- Keep repair receipts and estimates
2. Review Your Warranty
Check coverage and procedures. Many warranties require written notice to a specific address within certain timeframes.
3. Report to the Builder in Writing
Send detailed written notice of defects. Include:
- Description of each defect
- When you discovered it
- Photos if possible
- Request for inspection and repair
Send via certified mail with return receipt.
4. Allow Inspection
If state law or your warranty requires it, allow the builder to inspect. Have your own expert present if possible.
5. Get Independent Expert Opinions
Hire qualified experts to evaluate:
- Nature and extent of defects
- Cause of the problems
- Cost to repair properly
- Building code violations
Expert reports are crucial for litigation.
6. Consider the Builder’s Response
If the builder offers to repair:
- Have your expert evaluate whether the proposed fix is adequate
- Consider whether you trust the builder to do it right
- Know that rejecting reasonable repair offers may affect your damages
7. Consult an Attorney
Construction defect cases are complex. An attorney can:
- Ensure you follow required procedures
- Identify all responsible parties
- Evaluate your damages
- Represent you in negotiations or litigation
Frequently Asked Questions
How long should I wait before suing?
Don’t wait too long—statutes of limitations and repose can bar your claims. But you must follow any required notice-and-repair procedures before suing. Consult an attorney early to understand your deadlines.
Can I sue for defects in a home I bought from a previous owner?
Possibly. Implied warranties may extend to subsequent purchasers in some states. Express warranties may be assignable. Negligence claims may not require privity of contract. Check your state’s laws.
What if my builder filed for bankruptcy?
Your options are more limited but may include:
- Claims against the builder’s insurance
- Claims against subcontractors, suppliers, or design professionals
- Filing a claim in the bankruptcy proceeding
Should I get my own repairs done or wait?
Consult an attorney first. Making repairs may:
- Destroy evidence needed for your case
- Affect your ability to recover damages
- Violate notice-and-repair requirements
Emergency repairs to prevent further damage are usually fine, but document everything.
Are there class actions for construction defects?
In large developments with common defects (like all homes having the same roof problem), homeowners may pursue class actions or mass claims together. This can reduce individual costs and increase leverage against the builder.
When to Contact a Lawyer
Consider consulting a construction defect attorney if:
- Defects are significant (structural, water intrusion, major systems)
- Repair costs are substantial (typically $10,000+)
- The builder refuses to make adequate repairs
- You need help navigating notice requirements
- Multiple parties may be responsible
- You’re approaching statute of limitations deadlines
Many construction defect attorneys offer free consultations and take cases on contingency.
Last updated: January 2025
This article provides general information about construction defect lawsuits in the United States. Laws vary significantly by state. Consult with a qualified construction defect attorney for advice specific to your situation.
