Construction Defect Law

There are two different types of defects in construction defect law: design defects and construction defects.  A design defect would be an inherent failure of the design to make the structure a safe building for use.  A construction defect is a failure to adhere to the approved design of the structure.  The classification of the defect usually determines which party or parties are at fault for the defect.

Common defects include foundation problems (basement flooding, cracks in walls, insufficient drainage), improper electrical wiring, improper shingling, weatherproofing failures, improper window installation, improper excavation, leaking roofs, improper or insufficient insulation, and improper siding installation. 

Fixing construction defects can be very expensive and time consuming.  All parties to a construction project must live up to their part of the agreement.  This means the designers, architects, engineers, general contractors, builders, and developers involved could all potentially be at fault.  Whichever party is responsible for the defect is liable for either the "cost to cure" the defect or the reduced value of the property because of the defect, depending on the situation.  The guilty party can also be held responsible for the loss of use of the property, any temporary housing costs, court costs, and personal injuries caused by the defect.  If the actions of the guilty party are deemed to be reckless and intentional, punitive damages can also be recovered

In any construction defect case the goal of the Iowa courts is to give the property owner what he/she agreed to pay for in the contract.  Harley Erbe believes in upholding that commitment and providing strong advocacy for his clients with the goal of achieving the maximum recovery possible.  If the law does not provide sufficient protection, Harley has in some cases even taken cases to the Iowa Supreme Court to expand protections for consumers under Iowa law, for example, the 2008 Iowa Supreme Court case of Speight v. Walters Development Company.

Harley Erbe has worked on dozens of construction defect cases through settlement, jury trial, and even appeal.  Additional information about construction defect claims is available at the Erbe Law Firm Blog.  If you are in need of an attorney to represent you in a construction defect case, contact Harley Erbe today for a consultation.