Purchasing a new home or having one built is an exciting life milestone. It can also be a complicated and lengthy process with many decisions to make along the way, from the design of the home to choosing interior features like appliances, paint, flooring, and so much more. Your home is also one of the biggest investments you’ll ever make, and watching it come to fruition from the ground up is an unforgettable experience. Even after seeing everything that goes into a new construction though—from setting the foundation to framing out the home and then installing systems such as electric, plumbing, and mechanical—it is all too easy to take for granted the organized network that keeps your home running along smoothly from day to day.

The creature comforts in a recent construction or newer home are often never so appreciated as when something goes wrong. And if you have discovered a major construction defect, you may be dealing not only with a sense of disappointment and worry, but also intense discomfort. This can be especially true if a major system like electrical or plumbing are defective, but the HVAC system is extremely important for the daily comfort level, providing heat, ventilation, and air conditioning.

Again, you may not realize how much work the HVAC system for is responsible for performing in your home as it maintains suitable air flow and appropriate interior temperatures for every season. Signs of a defect in the HVAC mechanical system, related to ventilation, usually include:

  • An unusual amount of excessive moisture and humidity in the air
  • Unpleasant odors
  • A stagnant or unclean feel to the air
  • Rooms that are unusually hot or cold
  • AC unit running continuously

Such a defect should be repaired immediately, not only because lack of proper ventilation and excessive moisture buildup threaten the integrity of your home, but also because there could be health hazards. Too much humidity, along with a buildup of toxins in the air, can cause allergies, serious respiratory conditions, and more.

If you suspect a construction defect, and your contractor does not work to resolve a problem expediently and according to the ‘Right to Repair’ bill SB800, you may need to take legal action.

Construction defect law can be complex, so if you suspect one in your home, consult with an experienced attorney such as Scott D. Levine, APC, who will be able to help you in further examining and identifying defects, as well as advising you in the pre-litigation process and more. Scott Levine has litigated against builders, developers, and subcontractors regarding defects in homeowner associations, tract homes, custom home, and mid- to high-rise buildings.

Please call us at (213) 880-4585 or contact us by email at [email protected].