Who is at Fault for Faulty Construction?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“A couple I know decided to add on to their house. They hired a contractor. The local building inspectors issued the necessary building permits at various times of the construction. The building inspectors inspected the work as it progressed. After the building was over, there was a heavy rain and part of the interior  ceiling of the new addition  collapsed. Turns out the contractor had not installed vent flashing on the new roof of the new addition to the home.

Three months after the roof collapse the building inspector sent a letter faulting the builder; along with building code information stating the requirement for vent flashing. No government agency local or state seems to want to help with this. No lawyer seems interested ; and the contractor is supposed to have insurance and the company obviously has assets. Any ideas would be appreciated.”

I’m not surprised that the government inspection agency isn’t helping, because that isn’t their job.  They’ve already told you who they think is at fault; they’re done. If there is an agency that licenses contractors in your state, that agency may be interested in helping you.

What I am surprised to hear is that you can’t find an attorney to help you.  What you described sounds like a fairly straightforward construction defect case, and the contractor has insurance to pay the claim.  If multiple attorneys aren’t taking the case, I would want to know why.  (If it’s just because the dollar amount of the damage is low, that’s understandable, but flooding usually isn’t cheap to fix.)