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Homeowners’ insurance policies usually do not cover new construction defects. To find out specifically whether your insurance policy covers some or all new construction defects, it is vital that you read your contract with the insurance company carefully and that you understand state and federal law.
Did your construction defect cause property damage?
To file an insurance claim, your defect must have resulted in actual damage to the property. For example, a house constructed on a bad grade may be damaged by a mudslide, while a house with poorly installed windows might cause structural water damage.
Is the defect termed an “occurrence?”
Many insurance companies argue that new construction defects aren’t covered under liability insurance because they aren’t technically accidents, meaning the damage was not caused by a severe storm, a burst pipe, or a burglary, for example.
Is your home under a builder’s warranty?
Perhaps your best chance at repairing damage from a new construction defect is looking at your builder’s warranty – most policies are one-year, two-year, and ten-year terms. If you have maintained your home as described in the warranty, and if you discover issues with your home’s construction, the builders may be responsible for all repairs.
You may need a new construction defect attorney.
If you believe that your new construction defect damage should be covered by your insurance policy, or if you believe that your home is covered by a builder’s warranty, you may wish to speak with a skilled construction defect attorney about your case. Fixing property damage stemming from a construction defect can be prohibitively expensive.
