Stucco Cracking in Construction Defect Cases
Stucco cracking can be a significant issue in construction, potentially leading to costly repairs and a decrease in property value. When stucco cracks appear on a property, it may be due to a construction defect, and property owners may have legal grounds to seek compensation.
Stucco cracking can occur for a variety of reasons, including improper installation, use of substandard materials, or a failure to account for structural movement. These defects can lead to water intrusion, mold growth, and other serious damages. Construction defect claims for stucco cracking are typically resolved through formal lawsuits or informal negotiations between the affected parties. The time limit for filing a construction defect claim varies depending on the nature of the defect and the state in which the property is located. In California, for example, property owners generally have up to 10 years from the completion of construction to file a claim under the state’s Statute of Repose. However, if a defect is not immediately apparent and is discovered later, the timeframe to file a claim may be shorter.
For cases where stucco cracking is due to a breach of a contract, the Statute of Limitations is 4 years for written contracts and 2 years for oral contracts. If a claim is being made against a government entity, the claim must be filed within 6 months (or 1 year in certain situations) from the date the damage is discovered. For a more detailed explanation of the specific Statutes of Limitations and Repose, consult the California Court System’s guidelines.
Types of Damages
The types of damages that can be claimed in a stucco cracking construction defect case vary based on the specifics of each case. Common types of damages include:
- Cost of Repairs: Expenses incurred to repair or replace the defective stucco.
- Diminished Property Value: Loss of property value due to visible defects or potential future damage.
- Loss of Use: Compensation for the inability to use part or all of the property while repairs are being conducted.
- Other Economic Losses: Costs related to temporary relocation, lost rent, or additional living expenses during repairs.
Comparative Fault
Comparative fault can play a role in construction defect cases. This defense suggests that the property owner may share some responsibility for the damages, such as failing to maintain the property or promptly address minor repairs. In California, if comparative fault is established, the compensation awarded may be reduced by the property owner’s percentage of fault.
Latent Defects
Latent defects are those that are not immediately visible and may not be discovered until years after construction is completed. Stucco cracking may fall under this category if the cracks start small and become problematic over time. In California, the Statute of Limitations for latent defects is 3 years from the date the defect is discovered or should have been discovered.
Stucco cracking can be more than a cosmetic issue—it can be a sign of serious underlying problems that warrant legal attention. If you believe your property has been affected by a construction defect such as stucco cracking, consulting with an experienced attorney can help you understand your rights and options.