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What damages can you recover with a defective construction claim?

On Behalf of | Feb 1, 2023 | Construction Law

You may have been really looking forward to finally moving into your dream home, only to discover a significant construction defect. It could be flooding, water leaks or major structural issues that render the house inhabitable. Such defects can arise from deficiencies in the house’s design, materials used or even poor workmanship.

When this happens, you may have a valid construction defect claim. It is only fair that you recover the losses incurred due to the defect, given that you likely spent a fortune on construction costs. The damages available with your claim can vary widely depending on the specific facts of your case. 

However, there are a few common types of damages that are often sought in these types of cases, as discussed below.

The recoverable damages explained

First in line are compensatory damages, meant to compensate you for any actual losses arising from the construction defect. These may include the cost of repairing or fixing the defect and any additional expenses you incurred due to the defect (such as temporary housing expenses).

Consequential damages are also recoverable with your claim. These are intended to compensate you for any indirect losses caused by the construction defect, such as lost income or profits and increased financing costs.

You may also be awarded attorney fees as the prevailing party in a construction defect case. Legal expenses can sometimes rack up to a significant amount, and it can be financially draining if you do not have the financial resources to pay for litigation costs.

Finally, you may be awarded interest charges on top of any damages awarded in your construction defect claim. This is typically a simple interest charge calculated at the statutory rate and is meant to compensate you for the delay in receiving your damages.

Get help with your construction defect claim

Remember, each construction defect case is unique, and, as mentioned, the damages available will depend on the prevailing circumstances. Therefore, it’s worthwhile to reach out for professional guidance to help you navigate the legal process and ensure you receive the maximum damages available if you’re involved in a construction defect case in Washington.