A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Arkansas, a construction defect is recognized as a deficiency in the design, workmanship, or materials of a building that does not meet the reasonable standards of the construction industry or the expectations of the property owner. The state follows the 'implied warranty of habitability,' which means that contractors and builders are expected to deliver a project that is fit for its intended use and free from significant defects. Arkansas law allows for legal action to be taken against builders, designers, subcontractors, or other parties responsible for the construction defect. The statute of limitations for construction defects in Arkansas is generally five years from the date of substantial completion of the work. However, if the defect is not immediately discoverable, the statute of repose extends the period during which a lawsuit can be filed to seven years after the date of substantial completion. It is important for property owners to document any defects and seek the advice of an attorney to understand their rights and the appropriate legal remedies available to them under Arkansas law.