Construction of a custom-built home can take anywhere from months to years from the initial design process to the end of the project. When you arrive at your new home, you expect it to meet your standards and be move-in ready.
For most people, the early days in a new home will be a time of exploration and excitement. Unfortunately, for those dealing with construction defects, the move-in date could wind up postponed. Even if the house is habitable, the owners may feel very dissatisfied with a property that doesn’t live up to their expectations and fulfill their wishes.
Provided that the defect is a result of poor workmanship, cheap or faulty materials or mistakes made during the construction process, you may be able to bring a claim against the professionals who built your home, due to the defect that has distracted you from your enjoyment of the property.
What can you ask for in a construction defect claim?
It’s hard to put a price on expectations and disappointment, and you won’t need to for construction defect proceedings in Oregon. Pain and suffering won’t be part of your claim. Instead, what you can ask for will reflect the actual cost you will have to incur to repair the defect or the amount that the defect has reduced the value of your home.
For example, if a poorly-laid foundation or crumbling, cheap cement means that your home has already begun to tilt and sink, an appraiser or an assessor might value the home at next to nothing. A report may value the land and improvements that allow for the house to stand, such as the installation of electrical infrastructure and a driveway. Your $350,000 house could become worth almost nothing on paper without expensive repairs.
In some cases, you could settle a defect claim before you even go to court
Waiting for court hearings could mean dealing with an uninhabitable property for months. The entire time you wait for your day in court, you continue to incur additional expenses, which may potentially increase the amount of the claim you can bring to the construction professionals involved.
That means that both you and the construction company have the motivation to resolve the issue sooner by negotiating a settlement outside of court. With the right help, you may be able to get the company to agree to remedy the issue.
Still, you need to be ready to go to court in order to hold the contractor accountable for the impact that questionable workmanship or subpar materials will have on the value of your home.