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.
New Mexico Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Defective Home Construction, Defective Design?
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Common types of Building Defects Non-structural cracks. Hair-line cracks. ... Spalling of concrete. Stains of water or rust are found on the surface or there is seepage of water. ... Structural cracks. Cracks that penetrate the surface rendering into the structural concrete or load-bearing brick wall. ... Defective external wall finishes.
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.
Such as failure of architects or engineers in the design of a building or system. Flawed roof designs that result in water penetration, poor drainage or inadequate structural support are examples.
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.
Typically, the homeowner needs to pay the contract price minus the reduced market value of the home (caused by the error). For example: A builder has a contract price of $100,000 to build a home. The builder accidentally has a subcontractor do bad plumbing work.
The purchaser shall allow the seller or the seller's construction professional the opportunity to make repairs or replacements of each alleged construction defect.
Summary of New Mexicos's Construction Defect Laws If the builder fails to perform the work as promised in the contract, and/or breaches the duty of care owed to owners, New Mexico permits you to file a lawsuit against the builder for damages.
