Discovering construction defects in your Ohio property can be a homeowner’s worst nightmare. Whether you’re dealing with a leaky roof, faulty wiring, or foundation issues, these problems can significantly impact your property’s value and your family’s safety.
At Cavell Law, we understand the stress and financial burden that construction defects can cause. In this guide, we’ll explore the legal implications of construction defects in Ohio and how you can protect your rights.
What Are Construction Defects?
Construction defects are flaws in the design, workmanship, or materials used to build or renovate a property. They can range from minor cosmetic issues to severe structural problems that compromise the safety and integrity of the home.
Common types of construction defects include:
- Structural issues (foundation problems, roof defects)
- Water intrusion and moisture-related damage
- Electrical and mechanical defects
- Poor drainage and soil issues
- Defective building materials
- Code violations
Construction defects can significantly impact your home’s safety, value, and livability. As a homeowner, you can hold responsible parties accountable for these issues. If you believe your property has construction defects, you may be entitled to pursue legal action to recover damages for repairs, diminished property value, and other losses.
Consulting with an experienced construction defect attorney is critical to protecting your investment and ensuring your rights are upheld. Don’t let defects compromise your home—take action today.
How Long Do You Have to File a Construction Defect Claim in Ohio?
Ohio law imposes specific time limits on when you can file a lawsuit related to construction defects. These limits are critical to understanding how to effectively protect your rights and pursue compensation.
- General Statute of Repose: Ten Years from Substantial Completion
Under Ohio Revised Code § 2305.131, claims for damages related to defective or unsafe conditions of an improvement to real property must be filed within ten years from the date the improvement is substantially completed. This applies to claims involving bodily injury, damage to real or personal property, and wrongful death.- “Substantial completion” refers to the date the property is first used or made available for use after the improvement is completed in accordance with the contract or agreement, including any agreed changes.
- Discovery Rule: Two-Year Extension for Late Discoveries
If a defect is discovered within the final two years of the ten-year period, Ohio law allows an additional two years from the date of discovery to file a claim. This ensures homeowners can take action even if defects become apparent close to the expiration of the general statute of repose. - Special Provision for Disabilities
If a homeowner or claimant cannot file a lawsuit due to a legal disability (e.g., age or mental incapacity), they may have up to two years after the disability is removed to commence legal action, provided the claim accrues during the ten-year period. - Exceptions to the Statute of Repose
- Fraud: The statute of repose does not protect contractors or other parties who engage in fraudulent conduct related to the defect.
- Warranties or Guarantees: If an express warranty or guarantee extends beyond the ten-year period, claims may still be filed as long as the warranty remains valid.
- Possession and Control: The statute does not apply to claims against property owners, tenants, landlords, or other parties in actual possession and control of the property when the defect causes harm.
- Importance of Timely Action
These time limits highlight the importance of acting quickly when defects are discovered. Delaying action could result in the inability to recover damages, even if the defect causes significant harm.
If you suspect construction defects in your Ohio property, consulting with an experienced construction defect attorney promptly can help ensure your claim is filed within the appropriate time frame and maximize your chances of success.
Who Can Be Held Liable for Construction Defects?
Identifying the responsible parties in construction defect cases can be complex, as multiple individuals or entities may share accountability. Commonly liable parties include:
- General Contractors
Responsible for overseeing the entire construction project, general contractors may be held accountable for defects resulting from poor management, supervision, or execution of the work. - Subcontractors
Specialists hired by the general contractor, such as plumbers, electricians, or roofers, may be liable if defects arise from their specific trade work. - Architects and Engineers
Design professionals can be held responsible for defects caused by errors in plans, calculations, or failure to adhere to industry standards in designing and supervising the construction. - Material Suppliers and Manufacturers
Defective or substandard building materials that contribute to construction issues can lead to liability for the companies that supplied or produced them. - Previous Property Owners (in Some Cases)
If prior owners were aware of defects and failed to disclose them during the sale, they could share liability for any resulting damages.
Each case is unique, and determining liability requires careful analysis of contracts, work performed, and the nature of the defects. An experienced construction defect attorney can help identify the parties responsible and pursue appropriate legal action.
Legal Theories in Construction Defect Cases
When pursuing a construction defect claim, several legal theories may apply:
1. Breach of Contract
If the defect violates the terms of your construction or purchase agreement, you may have grounds for a breach of contract claim.
2. Negligence
Contractors and other professionals must perform their work with reasonable care and skill. Failure to meet this standard may constitute negligence.
3. Breach of Warranty
Many construction contracts include express warranties. Additionally, Ohio law implies a warranty of workmanlike construction in every home improvement contract.
4. Strict Liability
In some cases, manufacturers of defective building materials can be held strictly liable, regardless of fault.
Potential Damages in Construction Defect Cases
If your claim is successful, you may be entitled to various types of damages:
- Cost of repairs
- Diminution in property value
- Temporary relocation expenses
- Loss of use of your property
- In some cases, punitive damages
Steps to Take If You Suspect Construction Defects
Addressing construction defects promptly and effectively can protect your property and legal rights. Following these steps can help build a strong foundation for your claim:
- Document the Defects Thoroughly
- Review Your Contract and Any Warranties
- Notify the Responsible Parties in Writing
- Get a Professional Inspection from a Qualified Expert
- Consult with an Experienced Construction Defect Attorney
Taking these steps promptly can strengthen your case and provide a clearer path to resolving the construction defects impacting your home.
Does Insurance Cover Construction Defects?
There are three types of insurance that can play a role in resolving construction defect claims.
- Homeowner’s Insurance
Your homeowner’s policy may cover construction-related damage, such as water damage from a defective roof. Coverage often depends on the cause of the damage and the specific terms of your policy. - Contractor’s Liability Insurance
If the contractor’s work caused the defects, their liability insurance might cover the costs of repairs and related damages. This can be a critical source of compensation when the contractor is found at fault. - Title Insurance
Title insurance could cover defects that existed before you purchased the property if those defects were not disclosed during the transaction and fall under the policy terms.
To maximize your potential recovery, carefully review all relevant policies and identify applicable coverage. Consulting with an experienced construction defect attorney can ensure you fully understand your options and help you navigate any disputes with insurers.
Why Building Codes Matter in Construction Defect Cases
Building codes set the minimum standards for safety and quality in construction projects. In Ohio, these codes play a significant role in evaluating the validity of your claim and the responsibility of the parties involved:
- Building Code Violations Can Strengthen Your Case
If the defects in your property result from a contractor or builder failing to meet building code requirements, it can serve as strong evidence of negligence or substandard workmanship. - Code Compliance Doesn’t Always Mean No Liability
Even if the construction complies with local building codes, contractors may still be liable if the work is unsafe, defective, or fails to meet the terms of the contract or warranty. Compliance does not guarantee a defect-free property. - Building Inspectors’ Reports Can Provide Valuable Evidence
Reports from local building inspectors, particularly those noting code violations or safety concerns, can be used as credible evidence in your claim. These reports help establish the cause and extent of the defects, strengthening your case.
Understanding how building codes apply to your situation is critical in construction defect cases. An experienced attorney can help analyze code compliance and use it effectively to support your claim.
How Cavell Law Can Help with Your Construction Defect Case
At Cavell Law, we handle real estate litigation claims, including construction defect cases. Our experienced attorney can:
- Evaluate the strength of your claim
- Identify all potentially liable parties
- Negotiate with contractors, developers, and insurance companies
- Represent you in court if necessary
- Work with expert witnesses to build a strong case
We understand the technical and legal complexities of construction defect cases and are committed to protecting your rights and interests.
If you’re facing construction defects in your Ohio property, don’t wait to seek legal guidance. Contact us today to protect your rights and secure the compensation you deserve.
