Settlement damage to a home can be an expensive problem to fix. The damage typically results where the soil underneath the foundation of a home is insufficiently compacted or contains organic materials (for example, tree stumps left over from construction site clearing) that eventually decompose. If left uncorrected, foundation settlement problems can cause increasingly severe cosmetic and structural damage and significantly impair resale value. Fortunately, homeowners who discover settlement damage have the right to seek compensation if they do not delay in taking action.
If a new home begins to exhibit signs of significant settlement damage during the first few years after construction, then one or more people involved in building the home presumably did not do their jobs properly. The owner of the home, even if she was not the originally buyer/owner, has a legal right to bring a negligence lawsuit against the party that failed to carefully construct the home.
It is very important to note, however, that a homeowner has only a limited amount of time in which to file a lawsuit after first noticing settlement damage (signs of potential foundation damage include exterior cracking of the home, drywall cracking around window- or doorframes, and separation of floorboards or molding). Many times homeowners put off dealing with these types of situations because that seems to be the path of least resistance. That is a serious mistake if your home has foundation problems: when faced with a major threat to the value of what is most likely your biggest financial asset, you do not want to let your legal rights lapse by waiting too long to act.
If you suspect your home has settlement damage, a number of professionals may be necessary to help you assess your situation. For example, a geotechnical engineer and/or a structural engineer may be needed to determine the cause and extent of the foundation problem, and a foundation repair specialist will likely be needed to determine the scope and cost of necessary repairs.
It will also be important to consult with and potentially retain a licensed attorney to advise you about asserting your legal rights against the correct parties within the necessary time frame. An attorney with experience in construction defect cases will also be able to help you get in touch with qualified engineers and repair contractors as needed.
by William C. Dillard, Jr.
DISCLAIMER: Please note that nothing on this blog constitutes legal advice applicable to any specific situation. Virtually all of the legal principles discussed on this blog are subject to nuances, exceptions, varying interpretations and changes not necessarily discussed here. You should not rely on information found on this blog in making decisions about your home, legal rights or finances. Instead, you should contact a licensed attorney or other qualified professional to seek advice about your particular circumstances. This blog is limited to discussion of principles of South Carolina law, which may be different from the laws that apply in other states.
S.C. Law for Homeowners 