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.
Missouri Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
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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.
Each individual state warranty is crafted to meet that state's statutes regarding builders' structural warranties. In Missouri, the statute is 10 years but requirements for other types of coverage are different than our traditional plans.
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.
As a general rule, if the owner hired whoever drafted the construction plans, or if whoever drafted the faulty plans is an employee or agent of the owner, it is the owner who will be liable for defective plans.
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.
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 516.097. 516.097. Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions.
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.