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 Mississippi, a construction defect is recognized as a deficiency in the design, workmanship, or materials that fails to meet the reasonable standards of the construction industry or the expectations of the property owner. The state follows the 'Right to Repair Act' (Mississippi Code Title 83, Chapter 58), which requires homeowners to provide contractors with a notice of claim before filing a lawsuit for construction defects. This gives the contractor an opportunity to inspect the defect and offer to repair it or settle the claim. If the parties cannot resolve the issue, the homeowner may then proceed with legal action. The statute of limitations for construction defect claims in Mississippi is generally six years from the date of substantial completion of the construction, but this can vary depending on the specific circumstances of the case. It is important for property owners and contractors to be aware of these regulations to ensure that any claims or defenses are timely and properly addressed.