The answer to this question is somewhat complicated and determined by many variables. There is no short answer to this question; however, there is a difference between a nuisance claim (such as a squeaking floor, or conditions resulting from a lack of maintenance or normal wear and tear) and a construction defect claim.
Construction defects can range from major foundation and water intrusion issues, to aesthetic issues such as improperly painted surfaces and deteriorating wood trim around windows and doors. Faulty foundations, serious moisture intrusion, and shoddy framing are often at the root of problems, which manifest themselves into severe damages to a residence.
The following are examples of construction defect issues:
• Mold and mildew as a result of defective sequencing of housing components.
• Flashing not installed or installed incorrectly.
• Roofing installed incorrectly, or roofing not actually fastened.
• Windows/siding installation, without sealant and not wrapped to prevent water intrusion.
• Buildings built so tightly that the new owners cannot breathe, thus retaining moisture.
• Exterior wood surfaces not painted to protect the wood from the environment.
• Failing to properly compact soil causing severe settling.
If you believe that you are experiencing construction defect issues, please contact one of our experienced Oregon and Washington construction defect litigation lawyers.