The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Title: Oregon Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in a Workmanlike Manner Keywords: Oregon, complaint against builder, costs of repairs, house, not constructed, workmanlike manner Introduction: When homeowners in Oregon face issues with construction defects or poor workmanship, they may file a complaint against the builder to claim the costs of repairs made and to be made to their house. This article aims to provide a detailed description of this legal process, focusing on various types of complaints that can be filed in such situations. Types of Oregon Complaints Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in a Workmanlike Manner: 1. Building Code Violations Complaint: Homeowners may file a complaint against the builder if their house does not meet the required building codes and standards. This type of complaint would address violations such as improper electrical wiring, faulty plumbing, inadequate insulation, or issues related to structural integrity. 2. Substandard Craftsmanship Complaint: This type of complaint may be filed when the builder's workmanship is significantly below the acceptable standards. It can cover issues like crooked framing, uneven surfaces, poor paintwork, or shoddy installation of fixtures, appliances, or flooring. 3. Water Intrusion and Moisture Complaint: Water infiltration causing mold growth, leaks, or damaged surfaces is a common concern in poorly constructed houses. Homeowners can file a complaint against builders who failed to provide adequate waterproofing measures, resulting in water intrusion and subsequent damages. 4. Foundation and Structural Issues Complaint: If a homeowner discovers issues with the house's foundation, such as cracks, uneven settling, shifting, or structural problems leading to potential safety hazards, they can pursue a complaint against the builder. This complaint may cover repairs, reinforcement, or even complete replacement of the foundation. 5. HVAC System and Insulation Complaint: Faulty installation or inadequate insulation of heating, ventilation, and air conditioning (HVAC) systems can result in discomfort, energy inefficiency, and increased utility costs for homeowners. Filing a complaint against the builder in such cases can help claim the costs of repair or improvement to the HVAC system and insulation. 6. Plumbing and Electrical System Complaint: Improper installation of plumbing fixtures or electrical components can lead to leaks, water damage, electrical hazards, or inadequate functionality. Homeowners can file complaints to seek compensation for repairs, replacements, or upgrades necessary to ensure proper functioning. Conclusion: When homeowners face issues with construction quality or workmanship in their newly built houses, they have the right to file a complaint against the builder in Oregon. These complaints primarily aim to recover the costs of repairs made and to be made, accounting for various types of construction defects, violations, or shortcomings. By understanding the specific types of complaints available, homeowners can take necessary legal action to rectify the issues and restore their homes to a workmanlike condition.
