Common Problems from Construction Defects in Homes and Condos

There are some common problems arising from construction defects in homes and condos. As a homebuyer, it is in your best interest to at least be aware of the potential construction defects that can occur in a home or a condo. The first question is what exactly is considered a construction defect? The answer will depend on who you ask since everyone's perspective in the building process is so different.

What is important as a home buyer is whether or not a specific construction defect will affect the value of the home or condo. Construction defects can be very damaging or they can be minimal. Either way the defect needs to be taken care of properly. The nature of the defect will determine how much time it will take to repair, how much it will cost, and quite frankly, how much of a headache dealing with it will be.

Common Construction Defect List

The following are descriptions of some common problems arising from construction defects in homes and condos. Construction defects could be the result of improper design or installation deficiencies. Construction defects could be due to substandard construction strategies, faulty workmanship inside and outside the house, bad building material, poor drainage systems or improper soil analysis and preparation.

If you have a construction defect that needs immediate repair, take steps to correct it and maintain detailed records. Make sure you document any communication you have with contractors, the builder or the developer. Although you may not need it now, if you suspect that you may have a construction defect, these records may come in handy later.

While dealing with a construction defect you may have many questions about how to best handle the situation. At what point do you contact the builder? Should you hire a third-party contractor for the repairs or use the builder's contractor? How much of the repair costs is your responsibly? There are a lot of unknowns. Do not hesitate – contact an attorney today to help answer these questions.

Improper Design: Asphalt/Concrete Mixture not per Specifications

Construction defects can stem from the concrete and asphalt that surrounds your house. This could be due to improper design: asphalt/concrete mixture not per specifications. This kind of issue can result in a construction defect that may not appear at first, but will become more obvious with time. These installation deficiencies could cause a varying in thickness of the asphalt. Again, this may not be evident right away but if you add an issue like evasive soil, the defect will become more severe. Evasive soil, when wet, will swell and when dry will shrink. Depending on the climate, specifically the rainfall, evasive soil can be very damaging to concrete. The soil movement is unpredictable. At one time it can swell, shifting the house one way, and once the soil dries it can cause the house to shift the other way. This constant soil movement can cause all kinds of issues. It can create large cracks varying in thickness. Improper design: asphalt/concrete mixture not per specifications may increase the defects you experience with expansive soil.

Lack of Steel Reinforcement

Concrete steel reinforcements are used to minimize cracks. There are some in the industry who believe the lack of steel reinforcement can simply be replaced with supplemental admixtures. However, the lack of steel reinforcement will allow random cracking to occur and allow any expected cracks to become wider than normal. Proper steel reinforcement will minimize curling and displacement and increase the strength of the concrete slab.

Lack of Cross-Ventilation

An HVAC system needs to promote proper cross-ventilation. The lack of cross-ventilation can create issues with air quality and possibly lead to moisture buildup. The presence of moisture trapped in a humid area where there is a lack of cross-ventilation could be an inviting environment for mold. Lack of cross-ventilation can be the result of improper installation of the HVAC system.

Insufficient Ventilation Openings in Surrounding Walls

If you believe that you have poor air quality in your home, it can be the result of insufficient ventilation openings in surrounding walls. You have to rely on the architect, construction engineer, and/or builder to ensure there is not insufficient ventilation openings in surrounding walls.

Inadequate Clearance between Earth and Wood Components

If there is inadequate clearance between earth and wood components, you could experience the onset of wood-destroying organisms (WDOs). For example, there needs to be a clear space between the bottom of a floor and an area of unimproved ground. Inadequate clearance between earth and wood components should be avoided by following the building guidelines for your state.

Water entry into Crawlspace

If there is water entry into a crawlspace, this can lead to other very damaging issues. Mold and mildew grow best in humid, dark, low ventilated and wet areas. Crawlspaces match these requirements especially when water enters the area. Mold can be easy to remove or very difficult to remove. It depends on how much mold is present. Water entry into crawlspaces can also cause leaks to other areas of the house.

Lack of code-required access to Crawlspace

Once you discover there may be issues with your crawlspace, you need to decide on a repair plan. If there is a lack of code-required access to the crawlspace, you will not be able to complete a repair and in turn, whatever the construction defect may be can now affect other areas of your home. Lack of code-required access to crawlspace can turn a small construction defect into a crippling problem.

Tile Installed Over Water-Resistant Gypsum Board (Green Board) Instead of a Mortar Setting Bed or Cementitious Backer Board

Tile installed over water-resistant gypsum board (green board) instead of a mortar setting bed or cementitious backer board is another common problem. An issue that, again, may not be easy to identify. The choice to use gypsum board or not, or to use any other method is dependent on the contractor or subcontractor that does the job. The builder and/or developer is responsible for hiring a contractor that is qualified for the job they've been chosen to do. Unfortunately, there are times when builders need to cut corners. They have a timeline and a budget, both of which impact each and every decision they make. A construction defect like tile installed over water-resistant gypsum board (green board) instead of a mortar setting bed or cementitious backer board can be the result of an unqualified, substandard contractor. It may be difficult to recognize that this is the cause of your construction defect.

Any time you decide to begin repairing what you suspect may be a construction defect, it would be prudent to document any fixes or steps in this direction that you take. This would include taking detailed notes, taking lots of photos, and keeping all written documentation you receive from a worker/contractor.

Grade Slopes toward Building

When a grade slopes toward a building, this could be an example of an exterior construction defect. When this occurs you may experience drainage issues. Soil grading is an important step in the construction process. What kind of soil grading that is done can be determined or influenced by a soil analysis or soil preparations a builder and/or developer does before breaking ground. If the soil analysis was done improperly, if the soil was not prepared well, if the analysis was accurate but not followed, there can be a domino effect. The result in this scenario would be the soil grading. When the grade slopes toward the building, water may flow improperly causing water issues within the house or water issues with exterior structures like a deck or patio. If water is able to seep into the house, you could be looking at dryrot issues, mold or mildew issues, or other water issues.

These issues, improper design, or a grade that slopes toward a building can be construction defects that need immediate attention. Contact an attorney today to help you protect your rights.

Inadequate Vertical Offset between the Interior and Exterior Surfaces

Inadequate vertical offset between the interior and exterior surfaces is yet another construction defect that creates the potential for serious water damage. If the vertical offset is not adequate, water will take advantage of the resulting space and create any number of structural problems.

Lack of a bituminous or plastic protection barrier between the aluminum threshold and the concrete or sheet metal substrate

The lack of a bituminous or plastic protection barrier between the aluminum threshold and the concrete or sheet metal substrate is another example of unreasonable exposure to moisture and water, and is also considered a serious construction defect.

If you've experienced any of these issues or noticed any water in your home where it shouldn't be, the last thing you should do is ignore it or hope that it will go away. If you don't act, the problem will get worse.

In order to maintain the structural integrity of your home, you need to contact a licensed professional to immediately identify the problem. Your next step should be to contact an attorney immediately, as you have rights that need to be enforced.

No Protection Board

If your outside walls contain no protection board, then the surrounding earth next to your home will be free to erode your outer wall. This erosion will lead to the harming of the integrity of your foundation and subgrade, and no protection board means exactly that - no protection from the elements.

Improper and Incomplete Sheet Metal Flashing

Improper and incomplete sheet metal flashing can be a very serious issue. This is because an improper and incomplete sheet metal flashing can allow moisture to get into the workings of the house. This can then lead to a smelly situation that is hazardous to your house, that being mold or mildew. Mold and/or mildew are sometimes a pretty easy fix. Some mold can be cleaned with everyday household cleaners. Sometimes, however, the mold and mildew could be so bad that it requires a professional cleaner to remove the mold and its entirety. Regardless, mere cleanup is not enough. You need to rectify the cause of this water issue so that this does not happen again.

Both these issues may need some immediate fixes. You want to make sure that your home is back to a reasonable selling price and is a healthy living environment. In general, if you are thinking about getting a repair done, document everything even if it seems you are going overboard. Take lots of photos of before and after your repair and keep all contracts that you may collect.

Missing or Short Cut Roof Underlayment Felts

Leaks from a roof can be caused by several different issues. The design of the roof may be attractive but functionally weak. The roof may have bad workmanship. A roof can have multiple protective layers. If the roof is missing or short cut roof underlayment felts you may see some roof water issues or other problems. Roof underlayments can act as a secondary barrier that's resistant to changing weather conditions.

Lack of Gutters

Lack of gutters could also cause water issues with a house. If there is excessive rainfall, lack of gutters could allow for water to drain against the house. This could cause water damage on the dry wall, stucco, decks, and other exterior structures.

Gutters Separating, Improperly Installed, or Missing

Gutters can either protect against water issues or, if the gutters are separating, improperly installed, or missing then the house may experience some minor or possibly major water damage. These issues can be caused because the building materials for the gutter are substandard, or it could even be due to the negligence of the contractor.

Construction Defect Lawyers are available in these States:

Cities and communities in Nevada (NV) Las Vegas, Summerlin, North Las Vegas, The Lakes, Queensridge.

Cities and areas in Arizona (AZ) Prescott, Phoenix, Scottsdale, Gilbert, Paradise Valley, Anthem-Parkside, Tucson, Casa Grande, Chandler.

Cities and communities in California (CA), Bakersfield, Sacramento area Elk Grove, San Diego area EastLake, Moreno Valley, Rancho Cucamonga.