How are construction defect damages measured in the US?
Most states award the cost of repair (cost to remedy the defect). Where repair cost is grossly disproportionate to the diminished value, courts apply the diminution-in-value measure instead. Investigation costs and consequential property damage are commonly recoverable.
What is the difference between patent and latent defects?
A patent defect is apparent on reasonable inspection; a latent defect is hidden and discovered later. Latent-defect claims are important because statutes of limitation and repose often begin running only when the defect is or should have been discovered.
What is a statute of repose for construction defects?
A statute of repose sets an absolute deadline — often 6 to 12 years from substantial completion depending on the state — after which no defect claim can be brought, regardless of when the defect is discovered. It is separate from, and often longer than, the statute of limitations.
Are consequential damages recoverable in a defect claim?
Generally yes — damage the defect causes to other property (such as water damage from a defective roof) is recoverable, though many construction contracts contain waivers of consequential damages that can limit or bar these claims.