Construction defects can significantly impact the value, safety, and usability of a property. These defects might arise from a variety of sources, including poor workmanship, the use of inferior materials, or non-compliance with building codes and standards. At Berardi and Associates, LLC, our construction defect litigation lawyers are ready to represent tailored to meet the unique needs of each client, ensuring personalized and comprehensive legal support throughout the litigation process.
Cases of Construction Defects
Construction defects encompass a wide range of issues that can affect both residential and commercial properties. They are generally categorized into four main types:
- Design Flaws: Errors or omissions that lead to a structure being unsafe or unfit for its intended use.
- Material Deficiencies: Use of substandard or inappropriate building materials that fail to perform as expected.
- Construction Failures: Poor quality workmanship that results in structural failures or other significant issues.
- Operational and Maintenance Issues: Problems that arise due to improper operations or lack of adequate maintenance.
These defects can lead to significant financial losses, safety hazards, and legal disputes.
Resolving Construction Defects Through Litigations
Construction defect litigations are legal disputes that arise when the involved parties can’t amicably resolve issues related to construction defects. These litigations can involve multiple parties, including property owners, developers, contractors, architects, and manufacturers of building materials. The nature of these litigations often revolves around proving negligence, breach of contract, or violation of state laws governing construction standards.
The primary goal of construction defect litigation is to seek remedy for the damages incurred by the plaintiffs due to defective construction. Remedies may include repair costs, compensation for diminished property value, and other related damages.
At Berardi and Associates, LLC, we provide top-tier legal representation in construction defect litigations. Our construction defect litigation attorneys are well-versed in the complex nature of construction law and have a proven track record of securing favorable outcomes for our clients. Serving in Illinois, Florida, Indiana, and Michigan, we offer our legal representation to ensure that your rights are protected and that you recover what you deserve after a construction defect.
When Building Materials or Workmanship Fail
We often see construction defect cases arise from the use of substandard materials or shortcuts during the building process. Whether the issue is traced back to suppliers, subcontractors, or developers, the consequences for property owners can be substantial. Common problems include improperly installed roofs, uneven flooring, leaky plumbing, and defective siding—all of which can cause further damage if not addressed promptly. Identifying the root cause of a defect is critical in establishing liability.
In these matters, our role as your construction defect litigation attorney is to evaluate whether contracts were breached, warranties were ignored, or building codes were violated. We frequently coordinate with construction experts, engineers, and insurance professionals to determine how the defect occurred and who should be held accountable.
Litigation Timelines and Legal Considerations in Illinois
Construction defect claims in Illinois come with strict deadlines under both the statute of limitations and the statute of repose. The statute of limitations generally gives you four years to file a claim when the defect is or should have been discovered. The statute of repose, however, bars claims more than ten years after substantial completion of the project, regardless of when the defect is discovered.
Depending on the circumstances, we may pursue claims based on breach of implied warranty of habitability, breach of contract, or negligence. Each legal theory requires detailed documentation and timely legal action. As construction defect litigation experts, we determine the most effective path forward based on the nature of the damage, how it was discovered, and the relevant agreements.
Legal Mistakes That Can Weaken Your Case
We’ve seen how inevitable missteps can damage an otherwise strong case. One of the most common issues is delaying the inspection or repair of a defect, which often worsens the condition and makes it harder to gather solid evidence. Another is failing to preserve essential documents—like contracts, photos, and written communication with builders or contractors.
Attempting to settle matters informally, without providing proper notice or documentation, can also weaken your legal position. In Illinois, homeowners and property owners must follow any required pre-litigation procedures, especially when working with a homeowners’ association or warranty program.
What Property Owners Should Expect from the Process
When we initiate a claim, the process usually includes discovery, expert inspections, negotiation, and potentially trial. Discovery allows both sides to exchange documents, submit written questions, and conduct depositions. Expert inspections often play a key role in identifying the defect’s technical source and determining the repair costs.
While some claims are resolved through mediation or settlement, others proceed to trial. The total timeline depends on how complex the case is and how many parties are involved. As your construction defect litigation attorneys, we guide you through each step, keeping you informed while protecting your interests.
Frequently Asked Questions
- How long do I have to file a construction defect claim in Illinois?
Illinois law generally provides a four-year statute of limitations from when the defect is discovered and a ten-year statute of repose from project completion. Timely action is essential. - Do I need an attorney for a construction defect case?
While not legally required, an attorney can more effectively assess liability, preserve evidence, and pursue compensation in cases involving complex contracts and multiple liable parties. - Can I still sue if I didn’t discover the defect right away?
Yes, Illinois law accounts for latent defects. If you file within the discovery window and are still within the statute of repose, a claim may proceed. - What damages can I recover in a construction defect case?
Damages typically include repair costs, loss of property value, and in some cases, related damages such as alternative living expenses or business interruption losses. - What evidence helps prove a construction defect?
Photos, inspection reports, original contracts, blueprints, communication with builders, and repair invoices can all help substantiate your claim. - Will insurance cover my construction defect?
Coverage depends on the policy terms and the cause of the defect. Some builder or contractor policies may apply, but coverage disputes are common and may require legal interpretation.
Legal Support for Clients Across the Region
Berardi and Associates, LLC, proudly serves clients in Homer Glen and surrounding communities throughout Chicago’s southwest suburbs.
We assist property owners across the following areas:
- Orland Park
- Lemont
- Lockport
- New Lenox
- Palos Heights
- Tinley Park
- Mokena
- Frankfort
- Joliet
- Crest Hill
- Oak Forest
- Willow Springs