Right-to-cure required first?

Often yes \u2014 give contractor opportunity to fix.

Yes \u2014 most public/large projects bonded.

Mechanics lien response?

Counter-claim defective work in lien dispute.

General liability sometimes; specifically excludes their own work.

Class action \u2014 defective siding/EIFS?

Sometimes \u2014 wide-scale defects.

Contractor Defective Work Claim

Defective construction claim: cost to repair + property damage + lost rent + attorney fees. Statute of repose varies 4-10 years.

Cost to Repair ($)

Property Damage ($)

Consequential Damages ($)

Attorney Fees Recoverable?

Direct Damages

—

Total Damages

—

Attorney Fees

—

Grand Total

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Repair cost	—
Property damage	—
Consequential	—
Direct damages	—
Total damages	—
Attorney fees	—
Grand total claim	—

Contractor defective work claims include cost to repair, property damage to other parts of home, consequential damages (lost rent during repairs), and possibly attorney fees if state law or contract allows. Statute of repose typically 4-10 years from substantial completion.

Claim Components

Cost to repair: direct repair of defective work. Property damage: damage to other property caused by defect. Consequential: lost rent, alternative housing, business interruption. Attorney fees: only if state law or contract provides. Punitive: rarely available except in egregious cases.

Statute of Repose

Statute of repose: hard deadline regardless of discovery. Varies 4-10 years from substantial completion. Statute of limitations: from discovery (usually 2-4 years). Both deadlines apply — must be within both. Some states require giving contractor right-to-cure notice.

Documentation Critical

Photos before and after. Written demand letter to contractor. Inspection report from qualified third party. Receipts for repairs. Permits and inspection records. Original contract. Communication logs. Lack of documentation kills good cases.

Last updated May 2026. Sources: CFPB Contractor Disputes.