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Construction law

defects

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 Illinois, a construction defect is recognized as a deficiency in the design or construction of a building that arises from a failure to perform work in a manner that meets the minimum industry standards or the owner's reasonable expectations. The Illinois Construction Warranty Act and case law govern the legal framework for construction defects. The Act typically requires that new homes be free from defects for a certain period, which is often one year for workmanship and longer for structural components. Additionally, the implied warranty of habitability applies to new construction, ensuring that a new home is suitable for living. If a construction defect is discovered, the owner may have legal recourse against the builder, contractor, or other responsible parties. This could include filing a lawsuit for breach of warranty, negligence, or breach of contract, depending on the circumstances. The statute of limitations for construction defect claims in Illinois is generally four years from the time the defect was discovered or should have been discovered, but it can vary based on the specific type of claim.

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Construction law

defects

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Construction law

defects

Articles