When faced with a construction defect, the first step is to determine whether it is a defect in design, materials, construction, or subsurface. At first, the responsible party may not be apparent since many parties are involved in building a home (including subcontractors, architects, suppliers, and manufacturers). Then you and your attorney must determine the appropriate cause of action.

Negligence
Perhaps the most common allegation when assigning fault for a construction defect. To be negligent is to fail in obligation to exercise the same level of care, skill, and knowledge as a reasonable person in the same profession. For example, the carpenter would check to ensure everything has the right level. If your builder failed to do so, leading to a structural defect, then he is negligent and therefore liable.

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