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 New Jersey, a construction defect is recognized as a deficiency in the design, specifications, surveying, planning, supervision, or construction of a new building or an improvement to an existing building. The New Jersey construction defect law is governed by both statutes and case law. Under the New Jersey Products Liability Act, claims can be made for defective construction products. Additionally, the New Jersey Statute of Limitations for construction defects is generally six years from the date the defect was discovered or should have been discovered, with certain exceptions. The New Jersey Supreme Court has also established the 'Right to Cure' doctrine, which requires homeowners to provide builders with the opportunity to repair defects before initiating a lawsuit. Furthermore, the New Jersey Consumer Fraud Act can apply to construction defects if deceptive practices are involved in the marketing, sale, or provision of construction services. It is important for property owners to consult with an attorney to understand their rights and remedies regarding construction defects, as well as the specific time frames for taking legal action.