Homeowners in Kansas who notice that their home has a construction defect may be able to seek some financial compensation. In order to file a successful claim, the homeowner must prove that there is a real construction error in their home within the statute of limitations. To do this, the homeowner needs to obtain validation that the defect exists from a qualified expert.
Construction defects fall into two different categories: patent and latent. A patent defect is something that is clearly visible to the naked eye such as a crack on the wall. A latent construction defect is a flaw in construction that is initially concealed but later becomes exposed. One example of a latent defect could be poorly designed pipes that later result in a termite infestation.
In Kansas, “Right to Cure” laws apply when a homeowner notices a construction defect. This means that when the defect is spotted, the homeowner is obligated to notify the contractor about the defect so that the contractor has an opportunity to remedy the issue. If the contractor does not fix the problem in a certain number of days, the homeowner may proceed with litigation. Failure to give the contractor a chance to cure the issue could result in the homeowner losing their right to claim damages in a lawsuit.
Speaking with an attorney may be a good way for a homeowner to find out what their legal options are after noticing a construction defect. If the defect is not fixed after the contractor has been notified about it, an attorney may be able to help the homeowner to pursue financial recovery in a lawsuit.
Source: Succeed With Contractors, “Construction Errors have a Claim Statue“, Jason Allan, November 03, 2014