This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Alabama Complaint for Defective Home Construction, Defective Design
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Multi-State
Control #:
US-CMP-10002
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
Generally, a defect under a construction contract is work which is not performed in ance with the requirements of the construction contract. To assess what a defect is requires an examination of the terms of the contract to understand what was required of the contractor.
The statute of repose for claims involving construction defects, for example, is usually seven years from the date of completion of the project. In a product liability claim against an original seller, the statute of repose is 10 years.
There are generally four categories of construction defects: construction deficiencies, design deficiencies, material deficiencies, and subsurface deficiencies.
A construction defect is any physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.
Under Alabama law, new-construction homes may be covered by an implied warranty of habitability or an express warranty. habitability acts as legal assurance that the new constructed home is suitable for occupancy. (Cochran v. Keeton, 252 So.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
Common Types of Construction Defects Water leaks are by far the most common construction defect. ... Another common issue is foundation movement. ... Concrete that is cracking, scaling, or spalling may cause issues to nearby property or may require premature replacement.
Statutory (2 years from discovery of problems). Ala. Code § 6-5-221 (1975). That statute stated that claims must be brought within two years from when the cause of action accrued.
