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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 Maine, a construction defect is considered a deficiency in the design, workmanship, or materials used in the construction of a building that fails to meet the minimum industry standards or the reasonable expectations of the property owner. Maine's statutes do not have a specific construction defect law, but such issues are generally governed by contract law, tort law, and the Maine Uniform Commercial Code when goods are involved. The state's statutes of limitations and repose set time limits for when a lawsuit for construction defects can be filed. For example, under Maine law, a civil action related to improvements to real property must be commenced within 10 years after the cause of action accrues. Additionally, Maine follows the 'implied warranty of habitability,' which holds builders and contractors responsible for construction that does not meet certain basic standards. If a construction defect is discovered, the property owner may have legal recourse against the builder, developer, or other responsible parties to seek damages or remediation of the defect.

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Construction law

defects

Individual & Family Legal Plan

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Maine State Code

Maine State Code

Construction law

defects

Articles