Construction Defect Attorney in Chicago | Paul Padda Law

Getting Justice for Chicago Homeowners

When you purchase a home or have significant additions and repairs made to your residence, the builders, contractors, and other people who provide those services necessary to complete the construction are expected to meet basic standards of performance for the work they do.

If the work is not done properly and property damage occurs or mistakes are made that create the risk of injury or property damage, you have the right to get the defect corrected and recover from the persons or companies responsible for your property damage.

In Illinois, homeowners and the representatives of homeowner associations have legal protections through the implied warranty of habitability and other tort and contract theories to bring construction defect claims against contractors and other professionals involved in the construction process.

Given the complexity of the process, a homeowner seeking justice would be well advised to hire a good construction defect attorney in Chicago. At Paul Padda Law, our team of attorneys and professionals can help you with your construction defect claim. If you are a homeowner dealing with a construction defect, call us today at (312) 702-7000 and let us help you assess your rights.

What is Considered a Construction Defect in Chicago?

A construction defect can be broadly defined as a deficiency in the design, construction, manufacture, repair, or landscaping of a residence or other building that:

• Presents an unreasonable risk of injury to person or property, or
• Causes property damage because of poor workmanship, defective materials, or inadequate design

Construction defects can occur at any point during the construction process and may be discovered relatively quickly or not for a considerable period of time.

Common Types of Cases We Handle

Among the most common types of construction defect cases that our firm handles are the following:

• Single Family Homes: Defects in newly constructed or renovated single family residences
• Condominiums and Townhomes: Issues affecting individual units or common elements
• Commercial Properties: Construction defects in office buildings, retail spaces, and industrial facilities
• Multi-Unit Residential Buildings: Problems in apartment buildings and mixed use developments
• Home Additions and Renovations: Defects arising from remodeling projects
• Site Work and Landscaping: Issues with grading, drainage, and landscape installation

What are the Causes of Construction Defects in Chicago?

There are four main areas in construction where defects most often occur:

• Subsurface Defects: If the soil is not properly prepared or tested, it may not be stable, and the movement can result in damage to the structure
• Design Defects: When the plans for a house or commercial building do not meet legal specifications or fail to account for site conditions, they are defective
• Material Defects: Result when lesser quality materials or materials inappropriate for the construction project are used
• Workmanship Defects: Occur when those involved in the building process fail to perform their tasks adequately or fail to follow building codes

Types of Construction Defects

Construction defects can be either patent or latent:

• Patent Defect: A patent defect is one that is clearly noticeable or discovered upon reasonable inspection
• Latent Defect: A latent defect is one that is concealed or hidden and may not be discovered until damage occurs

Some of the most common examples of damage caused by construction defects include:

• Cracked slabs and foundations
• Defective foundations and structural failures
• Water leaks, intrusion, or flooding
• Defective stucco and exterior finishes
• Defective soil conditions and poor drainage
• Existence of mold and moisture problems
• Electrical and plumbing problems
• Roofing defects and leaks
• HVAC system failures
• Building code violations

What Gives You the Right to Bring a Construction Defect Claim?

Claims for construction defects arise from your agreement with the contractor or because of the behavior of the contractor or others during the performance of the work that was done. The law often imposes additional responsibilities on those who provide construction related services. A construction defect claim may be brought based on: 

Implied Warranty of Habitability: Under Illinois law, homeowners benefit from the implied warranty of habitability. This legal doctrine, established through Illinois case law, protects homeowners by requiring builders to construct homes that are safe, habitable, and fit for their intended purpose. This warranty applies automatically to the sale of new homes or significant remodels, even if not explicitly stated in the contract.

The implied warranty of habitability covers latent defects that may not be immediately apparent to the buyer at the time of purchase. However, it is important to note that this warranty requires contractual privity. This means homeowners typically can only bring implied warranty claims against parties with whom they have a direct contractual relationship, such as the developer or builder they contracted with directly.

Breach of Contract: In most construction defect cases, a party sues under a breach of contract theory. This requires the party suing to show:

• The existence of a valid and enforceable contract
• Plaintiff’s performance under the contract
• Defendant failed to perform under the contract without excuse or justification
• Damages to the plaintiff (the party bringing the claim or lawsuit)

Negligence Claims: In some circumstances, homeowners may be able to pursue negligence claims against contractors, subcontractors, or design professionals. However, Illinois law generally follows the economic loss doctrine (known as the Moorman Doctrine), which precludes recovery for purely economic losses through negligence actions. There are exceptions to this doctrine, particularly when defects result in sudden or dangerous occurrences causing injury or property damage beyond economic loss.

If you did not get what you were promised, in the condition it was supposed to be delivered in, or the law has given you other options, you are entitled to recover from those who did not do what they were supposed to do and caused you damage.

Parties Responsible for Construction Defects in Chicago

The  parties that are potentially liable for construction defects are those that had the responsibility for the defect that occurred and can include:

• Contractors: Contractors are responsible for the workmanship of the construction project. They hire the people who complete the work, and they often obtain the materials
• Architects and Engineers: Architects and engineers are the professionals involved in design and site preparation
• Developers: The developer who contracts with the homeowner may have responsibility for defects
• Subcontractors: In some cases, subcontractors may be liable if there is a direct contractual relationship
• Materials Manufacturers: Manufacturers of materials that are defective for their intended purpose can be liable for the resulting damage

Note: Illinois law requires contractual privity for implied warranty of habitability claims. This means homeowners typically can only bring such claims against parties with whom they have direct contracts, such as developers or general contractors that they directly hired. Claims against subcontractors without contractual privity may be limited.

Time Period for Making Construction Defect Claims

Illinois law establishes specific timeframes for bringing construction defect claims:

Statute of Limitations

The statute of limitations is the period of time within which a homeowner must file a lawsuit. For construction defect claims in Illinois the applicable statute of limitations is:

• Four Years: General construction defect claims based on contract or implied warranty must be filed within four years from the date the defect is discovered or reasonably should have been discovered
• Two Years: Personal injury claims arising from construction defects must be filed within two years from the date of injury
• Ten Years: Breach of written contract claims may have up to ten years from the date of breach

Statute of Repose

The statute of repose is a deadline for filing a lawsuit against a builder, regardless of when the homeowner discovers the defect. In Illinois, the statute of repose is:

Ten Years: Illinois generally applies a ten-year statute of repose from the date the construction work was completed, or the certificate of occupancy was issued

Note: These deadlines can be complex and may vary depending on the specific type of claim. Certain circumstances, such as fraudulent concealment, may extend these deadlines. It is important to consult with an attorney as soon as possible after discovering a defect.

What You’re Entitled to Collect in a Construction Defect Claim

The monteary damages you can recover in a construction defect claim depends on the nature of the claim and may include:

• Reasonable Cost of Repairs: The cost to properly repair and correct the defects
• Reasonable Expert Fees: Costs for inspections, testing, and expert analysis
• Litigation Costs: Court costs and, in some cases, attorney fees
• Reduction in Market Value: Loss in property value caused by the defects
• Loss of Use: Compensation for inability to use the property during repairs
• Temporary Housing and Relocation Costs: Expenses if you must vacate during repairs
• Incidental Property Damage: Damage to personal property caused by the defects
• Reasonable Costs to Assess and Evaluate: Costs to investigate and document the defects

In cases involving personal injury caused by construction defects, additional damages may include:

• Medical expenses, including ongoing or rehabilitative care
• Missed or lost wages, including permanent reductions in earning capacity
• Physical and emotional pain and suffering

What to Do After Discovering a Construction Defect in Illinois

The sooner you discover a defect, the better. Taking prompt action helps protect your rights and prevents further damage. Steps to take include:

1. Document the Defect. Conduct thorough inspections and document all defects with photographs, videos, and written descriptions. Keep records showing when the problems first appeared and any communications with contractors.

2. Hire an Independent Inspector. To establish the scope and severity of the defect, hire an independent inspector or engineer with specific expertise in the type of problem you are experiencing. Their written evaluation will be crucial evidence in building your case.

3. Review Your Contract. Examine the details of your construction contract to understand dispute resolution procedures, warranty provisions, and any limitations on your rights. Some contracts may require arbitration or have specific notice requirements.

4. Provide Written Notice. Provide written notice to the responsible parties describing the defect, its cause if known, and any resulting damage. Keep copies of all correspondence.

5. Consult an Attorney. Contact an experienced construction defect attorney as soon as possible. An attorney can help you understand your rights, evaluate your case, and ensure all procedural requirements and deadlines are met.

6. Prevent Further Damage. Take reasonable steps to prevent the defect from causing additional damage. Keep records of any emergency repairs and their costs.

Contact a Chicago Construction Defect Attorney Today

At Paul Padda Law, our attorneys have significant experience handling construction defect cases. These are often complicated cases requiring the selection of appropriate experts that can help make a strong case in your favor. If you are looking for outstanding construction defect attorneys to represent you, you need to call us today at (312) 702-7000 or get in touch with us through our website.