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Can Illinois Homeowners Sue If Contractor Negligence Leads to Construction Defects?

Posted on in DuPage County Real Estate Attorney

IL real estate lawyerHomeowners generally take a great deal of pride in their property and residence. When the new home enjoyment is diminished by construction defects that lessen the functionality and value of the real estate, it may be challenging for homeowners to know what steps to take next. To accurately establish who is responsible for these flaws and effectively repair the home, it may be in the homeowner’s best interest to solicit the help of a real estate attorney who can help.

Categorizing Construction Defects

Defects that occur during the construction process can range from minor faults that are barely noticeable to extensive issues that could lead to substantial expenses for the homeowner.

Each phase of the construction project allows for the possibility of defects. When the land is initially acquired, oversights can lead to an inaccurate analysis of soil and environmental issues. Flaws in the design phase can result in structural deficiencies and project delays due to necessary modifications. Negligence on the part of a contractor or subcontractor often leads to the use of lower quality materials and contributes to an overall lower caliber of product for the customer. Issues including electrical, piping, or heating defects can contribute to water seepage, mold, and electrical failures. Flaws in a home’s foundation, including cracks in the walls, roof, or floor may also lead to a construction defect case. Alternatively, in cases that do not involve residences or buildings, defect claims may arise from roadway repairs, design, and construction.

Two distinguishing categories of construction defects are patent defects and latent defects. Patent defects are apparent, immediately obvious flaws in the construction. Latent defects include faults that are hidden or initially unnoticeable.

Collecting Monetary Damages

Whether a defect is patent or latent can be a significant factor in determining how valid and substantial a case a homeowner may have against a contractor or subcontractor.

If the defect is adequately proven to have arisen during the construction process, the homeowner may be eligible for a variety of recoverable damages, some of which include:

  • The expenses associated with sufficiently preparing the home
  • The expenses incurred due to the homeowner needing to move out while repairs were completed
  • Attorney fees and other expenses involved with pursuing the lawsuit

The recovery of punitive damages may also be possible in especially severe cases. In most cases, the insurance company that covered the defendant at the time the damage was first identified will be liable for the damages.

Contact Our Wheaton, IL Real Estate Lawyers Today

For homeowners who have construction defect concerns in regard to their house, it is highly recommended to seek legal counsel as soon as possible. There is a strict statute of limitations over construction defect cases and if the homeowner waits too long to address the negligence, the case will be invalid. Illinois law requires the home or building owner to file the claim within four years of when the defect was discovered. However, exceptions are made for certain latent defect cases and a homeowner may be allowed a maximum of 14 years after substantial completion to file a valid claim.

At Stock, Carlson & Duff LLC, our attorneys are well versed in construction law and will help you determine your options for recovering compensation. To start pursuing an effective, well-prepared construction defect claim for your home, contact our DuPage County real estate attorneys today by calling 630-665-2500.

 

Sources:

https://www.uslaw.org/files/Compendiums2017/Construction17/Illinois_Construction_Compendium_2017.pdf

 

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