Home inspection and lawsuits

You bought an apartment, ordered a home inspection (bedek bayit), and it turned up severe construction defects: cracks, waterproofing problems, leaks, mold, dampness. Or the inspection showed abnormal wear that appeared unreasonably fast right after a renovation. What is a construction defects report worth in court, and how does a lawsuit backed by one actually proceed?

Construction defects report: home inspection report

Cracks in a new home and other defects that often come with leaks are usually solid grounds for a lawsuit, and a lawyer should get involved. Below is a review of cases where a home inspection turned up damage that forced the parties into legal proceedings. It is worth reading closely, and worth knowing what to watch for.

Home inspection and the limits of liability

Construction defects in doors: a construction defects report, also called a home inspection report, matters most for exactly this question: what it is worth in court, and how a defects lawsuit proceeds. The law sets a specific period during which the contractor must repair defects a home inspection turns up, so it is worth exercising your right to sue for any defect an expert report ties to the contractor's work.

Consult experts before filing suit. Contractors will often take responsibility and fix the damage the inspection report reveals, to protect their name and avoid exposure to lawsuits. But if a contractor denies responsibility while the report proves the damage was done, and tries to stall until your warranty runs out, pursue the matter legally and use your rights in full.

That applies especially once the report and expert consultation have established serious damage, such as a drop in the apartment's value or, worse, severe safety defects.

Home inspection and the pass-the-buck game

Reaching a lawsuit means proving the damage came from construction defects and identifying who is responsible. Watch out for what is popularly called the pass-the-buck game: contractors often shift blame for defects onto other tradespeople, blaming the plasterer for the cracks, the plumbing contractor for the dampness, and whoever should have supervised the job for the lack of coordination behind it all.

Home inspection in court: a construction defects lawsuit

Flooring standard: the game gets its name because, worn down by an exhausting chain of blame passed from one tradesperson to the next, most residents eventually give up the fight, letting the contractor or the construction supervisor off the hook. Ordering a home inspection, and consulting experts who can help identify who is actually responsible, keeps that from happening at your expense.

Who pays for the consultation: home inspection and lawsuits

If you need a lawyer to represent you in the proceedings, you can draw on Arad's experience with construction defects lawsuits, alongside the engineering support we provide. If cost is a concern, you will be glad to know that a lawyer's fee in these cases is usually a percentage, agreed in advance, of whatever the ruling ultimately awards you.

For advice on a construction defects report or a home inspection report, contact us at any stage. Understanding home inspection in court, and how a construction defects lawsuit works, in depth before you file is what maximizes your chances of success. We are an experienced company in the field of construction defects reports and can help you use your rights in full.

A home inspection report brings to light defects that a less thorough check would usually miss at this stage. Home inspection in court, and construction defects lawsuits generally, are unfortunately a common subject, and it pays to be thorough at every step.