Montana Construction Defect Lawyer

When you buy a new home in Montana, you expect it to be a safe, comfortable haven, and a worthwhile investment that will hold and increase its value over time. But if you discover a construction defect, that vision of stability can start to crumble. You may wonder if your investment will turn into a “money pit,” requiring you to spend thousands in repairs, or even if it will be a safe place for you and your family to enjoy.

You may feel overwhelmed, unsure of who you can trust. After all, you trusted a professional builder, and paid them fairly for work that turned out to be substandard. You shouldn’t have to pay for someone else’s poor workmanship or be stuck with the consequences of their mistakes.

You don’t have to. A construction defect lawyer can help you get the compensation you need to fix the problems and make your home what it should have been in the first place. To learn more, contact Kris McLean Law Firm to schedule a consultation.

Types of Construction Defects

Some construction defects are immediately noticeable, but more often, they become apparent only over time or through the services of a skilled professional home inspector. Common construction defects include:

• Structural defects such as foundation cracks or settling, bowed walls or uneven floors, or improperly installed roof trusses
• Water intrusion and moisture problems, such as leaks around windows or doors, poorly installed flashing or siding, or mold growth inside walls and crawl spaces
• Plumbing and HVAC defects, such as leaky pipes, improper drainage, or improperly installed furnaces or air conditioning units
• Electrical defects such as improper wiring, poorly grounded outlets, or inadequate electrical capacity
• Roof and exterior defects such as shingle misalignment, poor grading around the house, or improper sealing of joints, windows, or siding
• Finish and workmanship-related defects such as drywall cracks, misalignment of windows and doors, or flooring gaps

At best, construction defects are an irritant, a constant reminder that you paid for quality and got something less. At worst, they can jeopardize your family’s safety and the value of your home. Don’t ignore the problems; speak with a construction defects claim lawyer to learn your options.

Montana Construction Defect Law

The business of building homes can be a lucrative one, and some construction companies increase their profit margins by cutting corners on materials or hiring workers without the proper training. Montana’s Residential Construction Defect Statute was enacted to address the growing problem of defective construction in the state.

The law is intended to make it easier for homeowners to get what they need quickly: repair of the problem without the need to resort to litigation. Homeowners who want to address a construction defect have to give written notice to the contractor that they have a claim. If notice meets legal requirements and is provided in a timely fashion, it pauses the statute of limitations for filing a lawsuit.

The contractor has 21 days to respond to the notice. They may propose an inspection, after which they may make necessary repairs, pay the homeowner, or dispute the claim. The contractor may also offer to pay the homeowner without inspecting the premises, or may dispute the claim altogether.

If the contractor fails to respond to the notice of claim within 21 days, or outright disputes the claim, the homeowner can file a lawsuit immediately. Similarly, if the contractor makes an offer of repair or payment and the homeowner rejects it in writing, they can also then file a lawsuit.

When suing for a construction defect, homeowners can recover:

• Reasonable costs of repair
• Loss of property value, if repairs could not fully restore the value
• Temporary housing if the home was uninhabitable
• Professional fees, such as those for inspectors or engineers
• Attorney fees when applicable

Navigating a defective construction claim can be complicated. Having the right legal support is essential.

How a Construction Defect Claims Lawyer Helps

The legal process for dealing with defective construction in Montana is technical and deadline-driven. An experienced construction defect attorney can prevent needless errors that could delay or derail the process. Builders and insurers tend to defend aggressively against claims, often with a team of defense counsel and expert engineers at their disposal. Having your own experienced attorney helps level the playing field and give your claim the best chance of a favorable resolution, often without going to trial.

A construction defect lawyer can help ensure that your damages are fully documented and not undervalued. They can also coordinate with experts whose subject matter knowledge is critical to proving your case, such as structural engineers or mold specialists. These professionals’ opinions may be needed to prove that the issue was caused by improper construction, that the repair scope and costs are reasonable, or even that a defect exists in the first place.

A home is a major investment, perhaps one of the largest you will ever make. When the stakes are that high, your attorneys’ legal experience matters. Kris McLean Law Firm offers the benefit of decades of litigation experience, much of it centered on the successful resolution of construction defect cases.

If you need assistance, contact us at 406-396-9367, email kris@krismcleanlaw.com, or reach out to us online at Kris McLean Law Firm today.