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.
Hawaii Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
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FAQ
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.
There are generally four categories of construction defects: construction deficiencies, design deficiencies, material deficiencies, and subsurface deficiencies.
Illinois's Construction Statute of Limitations and Repose First, the claimant has four years to file suit; this is known as the ?statute of limitations.? The four-year period begins to run from the time the claimant ?knew or should reasonably have known ?? of the act or omission giving rise to the claim.
In Hawaii is 6 years. Note the builder's guarantee or written warranty is deemed a contract. The Statute of Limitations for a negligence claim is times 2 years from when the defect was discovered, or in the exercise of reasonable diligence should have been discovered.
"CHAPTER 672E OF THE HAWAII REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED, OR CONSTRUCTED YOUR HOME OR FACILITY.
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.
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.
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.