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 Delaware, a construction defect is considered a deficiency in the design, workmanship, or materials used in constructing a building that fails to meet the minimum acceptable standards within the construction industry or does not fulfill the owner's reasonable expectations. The state's regulations regarding construction defects are guided by both statutory law and case law. Under Delaware law, claims for construction defects can be based on breach of contract, negligence, or breach of warranty. The Delaware statute of limitations for construction defects is generally three years from the date the defect is discovered or should have been discovered, with a statute of repose that limits the time to bring a claim to six years after substantial completion of the construction. However, specific time limits can vary depending on the nature of the defect and the type of legal claim being made. It is important for property owners and contractors to be aware of these legal standards and time frames to protect their rights and interests in construction defect matters.