South Dakota Complaint for Defective Home Construction, Defective Design

State:
Multi-State
Control #:
US-CMP-10002
Format:
Word; 
Rich Text
Instant download

Description

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.
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  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design

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FAQ

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.

Such as failure due to poor quality workmanship, which can result in a range of damages. Improper plumbing work causing leaks that might promote mold growth or damage electrical wires in a wall is an example.

Examples can include new construction with water intrusion, faulty drains, cracks in the foundation, or settlement problems caused by inadequate grading and drainage.

Construction defect claims and cases are scenarios wherein physical loss or damage is claimed to be related to defective building elements that will require repair or replacement. Typical defect claims and cases will involve exterior building enclosures or the building structure.

South Carolina has an eight-year statute of limitations for property damage caused by basic negligence, found in S.C. Code § 15-3-640.

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.

What Are The Most Common Building Defects? Non-Structural Cracks. Spalling of Concrete. Structural Cracks. Defective External Wall Finishes. Failed Gutters. Failure of Roof Coverings. Structural Failure of the Roof. Condensation.

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South Dakota Complaint for Defective Home Construction, Defective Design