Construction Defects

Construction defects can create financial and practical challenges for property owners, developers, and contractors in Scranton, Pennsylvania. At Polishan Solfanelli, our knowledgeable lawyers stand ready to assist clients navigating disputes stemming from construction issues such as design flaws, faulty materials, or substandard workmanship. Whether you’re facing cracks in walls, water intrusion, or other structural concerns, our goal is to help you pursue fair outcomes and safeguard your investment. From negotiating settlements to representing you in court, our attorneys take a methodical approach designed to protect your rights and interests. By working closely with inspectors, engineers, and other professionals, we strive to build well-documented arguments that thoroughly address your concerns. We take pride in offering legal guidance informed by a solid background in Pennsylvania construction law, including relevant statutes and regulations. To learn more about how we may be able to assist, call Polishan Solfanelli at 570-562-4520 today. We are here.

Types of Construction Defects 

Construction defects can compromise the structural integrity, value, and functionality of a property in Pennsylvania. Broadly, these defects fall into three categories: design deficiencies, material deficiencies, and workmanship deficiencies.

Design deficiencies involve architects, engineers, surveyors, or other design professionals who fail to meet the standards that professionals in similar circumstances within the same geographic area would follow. For instance, an engineer approving foundation plans might overlook local soil conditions, causing basement dampness, mold growth, or structural fissures down the line. Surveyors and geotechnical engineers can also create latent issues if they improperly assess soil quality. When such errors occur, those responsible may be liable if their professional services materially deviate from accepted practices.

Material deficiencies result when builders or subcontractors use faulty or substandard products. This might include inferior roofing materials susceptible to premature deterioration, low-grade plumbing fixtures prone to corrosion, or underperforming paint primers that permit peeling or bubbling. In these instances, suppliers and manufacturers can also bear responsibility if the product does not satisfy recognized quality benchmarks.

Workmanship deficiencies describe subpar construction methods or failures to adhere to contractual specifications and professional standards of care. Examples include misaligned load-bearing walls, poorly fitted windows allowing water infiltration, or wiring that violates Pennsylvania’s electrical codes. The distinction between latent and patent defects is significant. Latent defects are concealed and not readily observable, possibly surfacing years after the work is completed. Patent defects are immediately apparent through ordinary observation. Because the legal timeframe for asserting a claim often starts when the defect is discovered or should have reasonably been discovered, identifying defects as latent or patent can prove crucial in meeting statutory deadlines.

If you are facing any issues relating to construction defects, consider reaching out to a lawyer in Scranton, Pennsylvania for guidance.

Warranties for Construction Defects 

In many new construction scenarios, builders offer written warranties covering specified issues for a defined period. Such warranties typically include roof systems, foundations, framing components, and sometimes other structural elements. Pennsylvania’s New Home Sales Act also introduces implied warranties that can supplement written warranties. Provisions in the builder’s written warranty typically exclude normal wear or circumstances beyond the builder’s control, such as natural disasters or excessive occupant misuse.

When suspecting a defect, homeowners are encouraged to follow a formal notice process. A detailed, written notice sent by certified mail, possibly supplemented by photographs or a professional inspection report, creates a paper trail verifying timely notice. Most warranties mandate alerting the builder within a certain timeframe, and failure to do so could result in waiving these warranty claims. Aside from builder warranties, separate manufacturer warranties often apply to appliances, HVAC equipment, and mechanical systems. Reviewing all available warranty documentation helps determine which party, such as the builder or a manufacturer, may bear responsibility to repair or replace defective components. A Scranton, Pennsylvania attorney can help you assess your warranty rights and guide you through the appropriate steps for your situation.

Pennsylvania Statutory Deadlines 

Homeowners learning of a possible construction defect must take note of Pennsylvania’s statute of limitations and statute of repose. Generally, a four-year statute of limitations applies to breach of contract claims and negligence claims related to construction work. This four-year period typically begins when a homeowner first knew, or reasonably should have known, of the defect.

Additionally, Pennsylvania enforces a 12-year statute of repose for construction-related claims, starting at the date the work was substantially completed. Once 12 years elapse, claims are usually barred—regardless of whether a defect is latent and discovered only later. In limited circumstances, the discovery rule can pause (toll) the statute of limitations if a defect could not have been detected through ordinary diligence; however, the statute of repose typically remains a firm cutoff that is more difficult to overcome. Parties sometimes enter into tolling agreements, extending the time to bring a claim. Homeowners who suspect a significant defect should act promptly, as missing these deadlines can foreclose legal remedies.

Implied Warranties Under Pennsylvania Law 

Even without explicit written warranties, Pennsylvania law generally infers that newly constructed homes come with an implied warranty of habitability and an implied warranty of workmanship. The implied warranty of habitability signifies that a dwelling should be livable, structurally sound, and free of major conditions that affect health, safety, or essential utility. Defects like severe or chronic water intrusion, electrical hazards, or dangerously compromised framing may violate this warranty.

The implied warranty of workmanship obligates builders to exercise reasonable care and skill in the construction process. Under Pennsylvania law, disclaimers of these implied warranties are permissible if they are set forth in a manner that is clear, conspicuous, and leaves no ambiguity for the buyer. Such a disclaimer must also outline the consequences of waiving these protections, ensuring that a buyer understands the rights being surrendered. Should the disclaimer fail to explain these consequences or is otherwise inconspicuous, a Pennsylvania court could determine it is unenforceable. Pennsylvania appellate courts have generally required a detailed and unmistakable waiver of implied warranties for it to be valid. Common examples of potential breaches of implied warranties include ongoing roof leaks, unaddressed structural cracks, or malfunctioning major systems that impede ordinary residential use.

Consumer Protection and Disclosure Laws in Pennsylvania 

Beyond contract law and warranty claims, several Pennsylvania statutes offer additional avenues for homeowners when dealing with construction defects or misrepresentations. One such law is the Unfair Trade Practices and Consumer Protection Law (UTPCPL). This statute bars deceptive acts, fraud, and misrepresentations in the conduct of trade or commerce. If a builder or seller of real estate engages in misleading behavior—such as concealing known defects, misrepresenting the quality of materials, or providing false assurances regarding repairs—an affected homeowner might bring an action under the UTPCPL. Remedies under this law can include actual damage awards and, in certain instances, the possibility of enhanced damages.

For homeowners or prospective buyers who discover defects after purchasing an existing home, the Real Estate Seller Disclosure Law can also come into play. Pennsylvania requires most residential property sellers to complete a disclosure form identifying known material defects, which might encompass foundational issues, roof leaks, or significant structural flaws. If a seller fails to disclose known defects or deliberately conceals them, a buyer may have grounds for a claim under this law. These disclosure obligations underscore the importance of honest representation in home sales and can sometimes be pursued alongside warranties or contract claims if the seller was involved in the construction or a major renovation.

Another key statute is the Home Improvement Consumer Protection Act (HICPA), which applies to many residential renovation or addition projects. Under HICPA, contractors performing home improvements must register with the state and comply with requirements regarding contract form and content. The statute mandates that written contracts for home improvements include information such as the start date, completion date, detailed description of the work, and total price. If a home improvement contractor neglects these obligations or performs work in a manner that falls below accepted standards, HICPA may provide homeowners with legal recourse. Depending on the situation, consumers could seek remedies for workmanship defects, misrepresentations, and other contract violations governed by HICPA.

If you believe your situation might be affected by any of these laws, consulting with an attorney in Scranton, Pennsylvania can help you assess your options and decide how to proceed.

Pennsylvania Uniform Construction Code 

The Pennsylvania Uniform Construction Code (UCC) serves as the statewide minimum standard for building, referencing widely recognized model codes for structural, mechanical, electrical, and plumbing systems. Builders, contractors, and subcontractors must meet these requirements, while local code enforcement agencies regularly conduct inspections at essential construction phases. These inspections often focus on foundational elements, framing, roofing, insulation, and electrical wiring, but each municipality may have additional or differing inspection procedures.

A homeowner suspecting significant code violations can consult local code officials or request an inspection to document issues. Although a code infraction does not automatically translate to liability, it can bolster a negligence or contract-based claim. Examples of commonly cited code breaches include lack of necessary fire-stopping barriers, unsafe wiring methods, and inadequate structural support. Proving code violations can strengthen a homeowner’s argument that a builder or subcontractor fell below the legal standard of care. However, homeowners should also show that the code violation directly led to observable harm or damage, ensuring that liability is tied to an identifiable defect.

Contractual Dispute Resolution 

Construction agreements in Pennsylvania often mandate that disputes be resolved through mediation, arbitration, or a combination of these before formal litigation is allowed. Provisions for alternative dispute resolution aim to control costs, expedite resolution, and encourage negotiated settlements. Pennsylvania courts typically uphold such clauses, although they examine factors like clarity and fairness to ensure the homeowner’s rights are not unfairly restricted.

Federal law, specifically the Federal Arbitration Act, may also influence the enforceability of arbitration clauses in certain contracts, particularly where interstate commerce is implicated. Homeowners considering arbitration or mediation should carefully analyze their contracts to determine whether these processes are mandatory. If a party attempts to bypass an arbitration provision without court approval, a claim may be delayed until the mandated process is completed. It is advisable to evaluate the scope of an arbitration clause, the likely costs, and the disputes it governs before deciding whether litigation remains an option.

Lawsuits Based on Construction Defects 

When defects undermine the safety, usability, or market value of a home, legal recourse in Pennsylvania courts may be pursued. Common claims include breach of contract and negligence. For breach of contract, a homeowner argues that the builder, contractor, or subcontractor failed to deliver the agreed-upon level of workmanship or the specified materials, violating explicit or implied contractual commitments.

Negligence claims center on allegations that a design professional or construction party fell below the standard of reasonable care expected in the construction industry. In some cases, strict liability or breach of warranty claims arise if a defective product contributed to the underlying damage. Damages can vary, from the cost of repairs and temporary relocation expenses to potential compensation for a decrease in the property’s value. Injunctive relief might also be available, compelling the responsible party to remediate the defect. Ho­­wever, the economic loss doctrine in Pennsylvania limits certain tort-based actions, preventing purely monetary or financial setbacks from being recovered through negligence claims absent physical property damage beyond the flawed work itself or actual personal injury. Determining the best legal approach often demands a nuanced review of the contracts involved, the nature of the defect, and the interplay between contractual and tort principles.

A Scranton, Pennsylvania lawyer can help guide homeowners through the process of pursuing claims based on construction defects.

Procedural Considerations in Pennsylvania Litigation 

Construction defect cases can become technical, typically requiring professional testimony or analysis to substantiate the nature, origin, and scope of the defect. Under Pennsylvania Rule of Evidence 702, an individual proffered as an expert must exhibit relevant qualifications and ground their findings in reliable methods. This testimony frames essential elements, such as how a structure failed or which party’s actions or omissions led to the damage.

Before or during a lawsuit, many construction contracts and certain Pennsylvania statutes require formal notice to the party allegedly at fault. A typical notice letter sets out the basics of the claim, including the nature of the problem and the remedy requested. Maintaining meticulous documentation—like photographs, diagrams, and correspondence with the builder—is critical to substantiate that a defect exists and that the homeowner made efforts to resolve it in good faith.

In addition to establishing liability, parties must navigate defenses that frequently surface in litigation, such as the statute of limitations or statute of repose. Meticulous records showing when the homeowner first observed the defect or how long ago the construction concluded can directly affect whether a claim is timely. In situations where an arbitration or mediation clause applies, the parties may engage in alternate dispute resolution processes prior to, or instead of, filing suit. Pennsylvania courts will ordinarily require compliance with contractual dispute resolution obligations before entertaining a civil complaint. As a result, homeowners seeking to enforce their legal rights may move between mediation, arbitration, and court pleadings, depending on contractual language and strategic considerations.

Expanded Guidance on Disclaimers 

Although disclaimers of implied warranties are allowable under Pennsylvania law, such disclaimers must be written so a buyer cannot reasonably overlook their significance. Vague or inconspicuously placed disclaimers risk being deemed invalid. Pennsylvania courts examining the enforceability of disclaimers look at the presence of clear language and whether the buyer had time to read, understand, and agree to the terms. Often, disclaimers appear in a separate, highlighted provision within a sales contract. The document must unambiguously advise buyers that they are relinquishing legal safeguards traditionally associated with new construction.

If a homeowner later alleges a breach of the implied warranty of habitability or workmanship, and the contract includes a valid disclaimer clause, courts will evaluate whether the disclaimer truly informed the buyer of the nature of the rights surrendered. A robust disclaimer typically references specific defects or conditions potentially covered by the implied warranties. Moreover, disclaimers should not contradict other parts of the contract. When contradictory provisions appear—for example, a warranty section promising certain performance standards alongside a disclaimer that denies any implied assurances—courts may favor the provision more beneficial to the homeowner if the disclaimer is unclear. Builders and sellers therefore have an incentive to draft disclaimers carefully, ensuring they do not conflict with broader contractual guarantees and that they convey their meaning to prospective buyers effectively.

By addressing consumer protection claims, carefully reviewing disclaimers, examining statutory deadlines, and gathering compelling evidence of substandard work or materials, homeowners in Pennsylvania can assert their rights when construction defects emerge. With multiple causes of action potentially in play—from breach of contract to claims under consumer protection statutes—the path to resolving construction disputes may involve negotiation, alternative dispute resolution, or court involvement. A thorough and informed approach gives homeowners the best chance of achieving a satisfactory remedy for construction defects under Pennsylvania law. If you need guidance on your options, consulting with a lawyer in Scranton, Pennsylvania can be an important step in addressing construction defect concerns.

Knowledgeable Guidance in Real Estate Law

If you are seeking knowledgeable guidance in real estate law in Scranton, Pennsylvania, turn to the attorneys at Polishan Solfanelli. Our team has handled a variety of construction defect matters, striving to secure outcomes that protect both your investment and your peace of mind. From analyzing warranty provisions to decoding complex statutes of limitations, we take a comprehensive approach to each case. We understand the importance of meeting statutory deadlines, preserving evidence, and exploring all available avenues for resolution. We can also assist with contract negotiations, mediation, or litigation, depending on your individual needs. Our priority is to offer clear communication, consistent support, and effective strategies designed to safeguard your interests. Contact our office at 570-562-4520 to learn how we may help protect your property rights. Whether you are facing design deficiencies, material defects, or workmanship concerns, we strive to steer you toward the next steps with clarity and confidence.