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 Maryland, a construction defect is considered a deficiency in the design, workmanship, or materials used in constructing a building that fails to meet the reasonable standards of the construction industry or the expectations of the property owner. Maryland law requires that construction be performed in a good and workmanlike manner, adhering to the standards set forth in the contract and applicable building codes. If a construction defect arises, it may lead to a legal claim under theories such as breach of contract, negligence, or strict liability. The Maryland Courts and Judicial Proceedings Code § 5-108 provides a statute of limitations for construction defect claims, typically three years from the date the defect was discovered or should have been discovered, with an ultimate repose period of 20 years from the date the improvement to real property was completed. Homeowners and property owners who discover construction defects should consult with an attorney to understand their rights and the appropriate legal remedies available to them.