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Litigating Water/Mold Intrusion And Other Real Estate Defects

Many construction defects involve water or mold intrusion. Whether there is a roofing defect, window deficiency, foundation problem, structural defect or building code violation, these problems result in some type of water intrusion. Water intrusion causes materials inside the wall cavity to deteriorate or rot, sometimes leading to mold growth.

In many cases, some or all of the material must be removed from the structure. If you have suffered either residential or commercial construction defects resulting in water/mold intrusion, contact Brooks Koch & Sorg to discuss your legal options.

Our Highly Experienced Lawyer Is Also A Professional Architect

Our firm handles a wide range of construction defects for high-end real estate cases throughout Indiana. Our lead construction law attorney, Terry Sorg, has 25 years of experience in construction defect cases and more than a decade of experience as an architect. This rare blend of professional experience is unlike any other in the area and brings a unique perspective to construction defect cases. He handles both residential and commercial defect matters.

The Process For Bringing Defect Claims

There is a 10-year statute of repose for construction defects. Any number of water or mold defects can become apparent to an owner during this 10-year time period. We work with forensic investigators who can examine removed material and determine the cause of damage.

Under Indiana’s Notice and Opportunity to Cure statute (IC 32-27-3), when a contractor builds a new home, they are required to notify the homeowner of this statute. If a defect is subsequently discovered, a homeowner is required to give the contractor notice and an opportunity to rectify the problem. We will notify the contractor to give the builder a chance to fix a defect. If this is not successful, we will litigate against the builder, and/or subcontractors and suppliers of defective materials often involving their respective insurance carriers.

These types of claims usually involve subrogation claims and comprehensive general liability insurance policies. Even if a builder is out of business by the time a suit is filed, recovery is often possible through a builder’s insurance carrier.

Violations Of The Home Improvement Contract Act

Under the Home Improvement Contract Act (IC 24-5-11), a contract that is more than $150 in work must be in writing. Many times, contractors violate this act, which requires specific content and forms for home improvement contracts. Other contractual issues we assist with include breach of contract, breach of warranty and negligence claims.

Contact Us To Learn How We Can Assist You

If your home or commercial property has been damaged due to water or mold intrusion, seek legal assistance from a professional who is both a lawyer and an architect. Contact lawyer and professional architect Terry Sorg by calling 317-418-2683. You can also submit an online contact form.