What is a Construction Defect Lawsuit?

By Peter DePaolis

A construction defect lawsuit is one that typically involves a breach of contract. It can equally involve a breach of warranty, negligence by one party or another, and strict liability.

Common Examples of Construction Defect Claims and Why They Happen

Construction defects happen in the commercial and residential sector. They typically are found after the project is complete, but these defects can also arise while during the construction process.

Breach of Contract

In the breach of contract situation, there must be a valid contract signed by each member of the party. For example, a buyer purchased a home from a builder; therefore, they signed a contract with that builder. However, the home is found to be defective or dangerous, and has caused a serious injury.

In this situation, the homeowner can use breach of contract as the basis of their lawsuit, because the contractor had a contract specifically stating his or her duties.

Breach of Warranty

In a breach of warranty situation, the issues arise out of the warranty for the product or property. For example, a construction company offers a one-year warranty on a completed project. However, in less than one year a defect is discovered, yet the builder refuses to act on it. Then, after being left in a state of disrepair, that defect leads to a serious injury. Now the builder could be sued for a breach of warranty.


Often construction defects involve negligence.

These negligence-based claims state that the duty of care by one party was breached, and that breach resulted in damages. For example, a construction crew has finished a project and the homeowner moves in. After a few months the homeowner discovers that there is a defect with the stairs, which were not build in compliance with proper safety codes. This leads to a serious injury.

In this case, the construction company knew that they had breached their duty of care by not properly following building codes. Therefore, they can now be held responsible for any injuries that result from this negligence.

Strict Liability

Construction defects can also involve product liability. For example, if defective products are sold to the consumer, the company that supplies those defective products could be held liable for any damages that are the direct result of such negligence.

When a product is defective the company that installed the product, manufactured that product, or distributed it could be held liable.

Construction Defects Vary – Speak with an Attorney

A construction defect lawsuit is highly complex and often involves multiple parties. Therefore, if you are injured as an employee, homeowner, or consumer, it is imperative that you speak with an attorney that has experience in personal injury law.

Attorneys from Koonz McKenney Johnson & DePaolis LLP are here to help our clients receive the compensation they need. If you are injured, we work as your advocates to ensure that the responsible parties are held accountable for their actions.

Speak with us today during a free case evaluation by calling one of our three locations or by contacting us online.

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.