A construction defect is a flaw in a building’s design, materials, workmanship or site preparation. Travelers Insurance sorts defects into design, material, construction, and operation and maintenance deficiencies, and FindLaw adds subsurface problems. Nevada law (NRS 40.615) defines a defect as work that creates an unreasonable risk of injury, or that is not done in a good and workmanlike manner and causes physical damage.
Last reviewed: September 2026. Sources are listed at the end of this page.
What counts as a construction defect?
A construction defect traces back to how a building was designed, what it was built with, how it was built, or how the ground under it was prepared. Travelers Insurance names four categories of defects.[1] FindLaw adds a fifth for soil problems.[2]
| Category | What it means | Source |
|---|---|---|
| Design deficiency | An architect or engineer makes an error in designing the building or one of its systems. | Travelers[1] |
| Material deficiency | Building materials are defective or damaged. | Travelers[1] |
| Construction deficiency | The workmanship is poor. | Travelers[1] |
| Operation and maintenance deficiency | The owner fails to maintain the building, for example by not keeping up an exterior sealant. | Travelers[1] |
| Subsurface deficiency | Soils are not compacted and prepared for drainage. The result can be settling, shifting and flooding. | FindLaw[2] |
The maintenance category points at the owner, not the builder. Keep records of your own upkeep. Under Florida’s defect law, for example, the parties can ask each other for maintenance records along with photos, videos and expert reports.[3]
How does the law define a construction defect?
The legal meaning depends on your state’s law. Nevada gives a clear example.
NRS 40.615 defines a “constructional defect” as a defect in the design, construction, manufacture, repair or landscaping of a residence. The defect must either present an unreasonable risk of injury, or be work that was not completed in a good and workmanlike manner and that causes physical damage.[4] California handles defect claims under its Right to Repair Act, Civil Code § 895 and the sections that follow it.[5]
What is the difference between a patent and a latent defect?
A patent defect is one you could find with a reasonable inspection. A latent defect is one you could not. California law uses these terms and gives each its own deadline.
| Type | California definition | Time limit after substantial completion |
|---|---|---|
| Patent deficiency | Apparent by reasonable inspection (Code of Civil Procedure § 337.1(e))[6] | 4 years |
| Latent deficiency | Not apparent by reasonable inspection (Code of Civil Procedure § 337.15(b))[7] | 10 years |
California and Nevada also set a statute of repose, a hard outer limit on when you can sue. Nevada’s NRS 11.202(1) bars construction defect actions filed more than 10 years after substantial completion.[8] California Civil Code § 941(a) sets the same 10-year limit for actions under the Right to Repair Act, and § 941(d) says the patent and latent limits above do not apply to those actions.[9] See our guide to statutes of limitations and repose for more.
What are the most common kinds of construction defects?
This site groups common defects into four areas: water getting into the walls, roof installation errors, foundation movement, and failed building products. Each has its own guide.
- Water intrusion. The Building America Solution Center (BASC), a U.S. Department of Energy (DOE) resource, calls leaking cladding assemblies a common cause of construction defects and call-backs.[10] Building Science Corporation (BSC) says driving rain is the largest single moisture source for most walls and roofs.[11] Read the water intrusion and building envelope guide and the EIFS guide.
- Roof defects. BASC names improper nailing as one of the common errors in shingle installation. That includes nails driven high, low, too deep, too shallow or at an angle.[12] Read the roof and flashing defects guide.
- Foundation defects. An ASHI Reporter article says horizontal cracks mean the wall has moved sideways and should always be taken seriously.[13] The Colorado Geological Survey says expansive clays can swell up to 20% by volume when wet.[14] Read the foundation and structural defects guide.
- Product defects. Some defects come from a manufactured product, not the builder. In 1996 a federal court in Oregon approved a nationwide settlement over Louisiana-Pacific siding.[15] Read about the hardboard and OSB siding class actions.
How do building codes relate to construction defects?
Building codes set minimum requirements, and a local code official enforces them through permits and inspections. Portland’s permit guide says inspections make sure work is done safely and meets the minimum code requirements.[16]
Who writes the codes?
The International Code Council (ICC) was founded in 1994 to create one set of national model codes. It combined three earlier code groups, BOCA, ICBO and SBCCI.[17] ICC’s codes, called the I-Codes, are a family of fifteen coordinated codes. They include the International Building Code (IBC), the International Residential Code (IRC) and the International Energy Conservation Code (IECC). ICC updates them every three years.[18]
Which code applies to your house?
ICC says all fifty states have adopted the I-Codes.[18] Adoption is still decided by each jurisdiction, and local jurisdictions may adopt or amend codes.[19] To find the code for your home:
- Check ICC’s International Code Adoptions map, which filters by code.[19]
- For energy codes, check the DOE Building Energy Codes Program State Portal.[20]
- Call your local building department.
How is the code enforced?
ICC’s Building Safety Journal describes the steps.[21]
- The applicant submits a permit application.
- A plan reviewer checks the construction documents against the code before the permit is issued.
- Inspectors inspect the work during construction.
- After a final inspection, the official issues a certificate of occupancy.
New Jersey requires inspections before work is covered or concealed.[22] Our new-construction inspections guide covers these stages. Codes also reduce disaster losses. ICC reports that a Federal Emergency Management Agency (FEMA) study credited the IRC and IBC with more than $27 billion in cumulative mitigation benefits against flood, hurricane wind and earthquake from 2000 to 2016.[23]
What should you do if you think you have a defect?
Put your repair request in writing and keep a record. The Federal Trade Commission (FTC) suggests sending the letter by certified mail.[24]
Several states require written notice to the builder before you can sue. Nevada’s NRS 40.645 requires notice by certified mail.[4] California Civil Code § 910 requires prelitigation procedures before a claimant files an action.[25] Florida’s Chapter 558 requires notice at least 60 days before suit, or 120 days for associations representing more than 20 parcels.[26] Start with our guides to documenting a defect and right-to-repair laws by state.
This page is general information, not legal advice. Laws change and vary by state. Check the current statute or talk to a licensed attorney in your state before acting.
Related guides
- Water intrusion and building envelope defects
- Roof and flashing defects
- Foundation and structural defects
- How to document a construction defect
- Construction defect right-to-repair laws by state
- New-home builder warranties
Sources
- Travelers Insurance, “Types of Construction Defects.”
- FindLaw (Thomson Reuters), “Types of Construction Defects.”
- Florida Legislature, “Florida Statutes 558.004,” 2026.
- Nevada Legislature, “NRS Chapter 40.”
- California Legislature, “California Civil Code Title 7, Requirements for Actions for Construction Defects,” 2025.
- California Legislature, “California Code of Civil Procedure § 337.1.”
- California Legislature, “California Code of Civil Procedure § 337.15.”
- Nevada Legislature, “NRS Chapter 11.”
- California Legislature, “California Civil Code § 941.”
- Building America Solution Center (DOE/PNNL), “Flashing at Bottom of Exterior Walls,” last updated June 13, 2017.
- John Straube, Building Science Corporation, “BSD-013: Rain Control in Buildings,” Aug. 22, 2011.
- Building America Solution Center (DOE/PNNL), “Asphalt Shingle Roofs,” last updated Dec. 2, 2022.
- Tom Feiza, ASHI Reporter, “Basement Cracks and Leaks,” Mar. 1, 2007.
- Colorado Geological Survey, “Expansive Soil and Rock,” last modified Dec. 5, 2024.
- U.S. District Court for the District of Oregon, “In re Louisiana-Pacific Inner-Seal Siding Litigation, 234 F. Supp. 2d 1170,” Dec. 13, 2002 (Justia).
- City of Portland, “Guide to Residential Permits and Inspections,” Jan. 2022.
- International Code Council, “Who We Are.”
- International Code Council, “The International Codes.”
- International Code Council, “International Code Adoptions.”
- U.S. Department of Energy, Building Energy Codes Program, “State Portal.”
- International Code Council, Building Safety Journal, “Bring on Building Safety: Code Enforcement Explained,” Apr. 30, 2018.
- Business.NJ.gov, “Building Permits and Inspections.”
- International Code Council, “Codes Save” (summarizing FEMA’s Building Codes Save study).
- Federal Trade Commission, “Warranties for New Homes.”
- California Legislature, “California Civil Code § 910.”
- Florida Legislature, “Florida Statutes Chapter 558.”