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.
Montana Complaint for Defective Home Construction, Defective Design
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US-CMP-10002
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FAQ
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.
Montana has a ten year statute of repose for construction defects. MCA § 27-2-208. However, if the injury occurred in the tenth year, the claim may be brought within one year of the injury occurring.
For claims related to personal property damage, the statute of limitations is two years.
§ 27-2-208 acts as an absolute bar to all claims for damages to real property resulting from design, planning, or other construction brought more than 10 years later. Hill Cty. High Sch., 2017 MT 20, ¶ 12, 390 P. 3d at 605.
Generally speaking, a construction defect is any deficiency in the design or construction of a building or structure resulting from a failure to design or construct in a reasonably workmanlike manner and/or in ance with a buyer's reasonable expectation.
A construction defect happened whenever a completed or partially finished structure fails to perform as required by accepted building standards or applicable construction contracts. ... Construction defects can be categorized into two major categories: obvious and hidden. ... Commonly, however, construction defects are hidden.
Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 10 years. Pricing based on low flat rates per home. Builder liability in the Montana CSW program is limited to 1 year only.
