Billings Construction Defect Lawyer

Billings, MontanaBillings Construction Defect

Billings Construction Defect Lawyers: Defective New Homes, Builder Negligence and Faulty Remodels in Yellowstone County

Boland Aarab PLLP.

If your new Billings home or remodel has serious defects, such as water intrusion, foundation movement, drainage problems or code violations, you may recover repair costs, temporary housing, lost value and attorney fees from the builder. Montana requires written notice to the builder before suit, and construction deadlines are short, were recently shortened by the Legislature, and depend on completion and discovery dates. Call promptly.

Living with a defective home or a remodel gone wrong? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What construction defects do Billings homeowners see?

Billings has added a great deal of housing on the West End, in the Heights, along the Rims and in the surrounding county, and much of it went up quickly. The defects homeowners bring to us follow the local climate and terrain:

Water intrusion through roofs, windows, decks and siding, made worse by Billings’ wind-driven rain and snow and its freeze-thaw cycles.
Ice dams and attic moisture from poor insulation and ventilation, which can rot roof sheathing and grow mold.
Foundation cracking and settlement, and basement water, from inadequate soil preparation, compaction or footings.
Drainage and grading errors that send water toward the house instead of away from it, a common problem on sloped lots and new subdivisions.
Framing, electrical and plumbing work that does not meet code or the plans.
Remodels and additions where a contractor cut corners or never pulled the required permits.

Some roof and siding damage in Billings comes from hail, not bad construction, and an insurance claim may be the right path instead. Sorting out cause is one of the first things an engineer or building expert does.

What happens when you find a defect in a Billings home?

Pull the permit record. For homes inside Billings city limits, building permits and inspections are handled by the City of Billings Building Division, on the fifth floor of City Hall at 316 North 26th Street (City of Billings). Outside city limits, the city says the State of Montana handles building oversight through the Department of Labor and Industry. Permit files, inspection records and any certificate of occupancy help show whether work met code, and they can help fix the completion date that construction deadlines are measured from.

Document and protect the house. Photograph and date everything, keep water from causing more damage, and save receipts for temporary repairs. Do not let the builder “patch” the problem before it has been documented and evaluated, and avoid destructive repairs until both sides’ experts have inspected.

Serve the notice of claim. Before suing a builder, contractor or subcontractor over a residential defect, you must serve a written notice describing the defect in reasonable detail (§ 70-19-427, MCA). The builder then has 21 days to propose an inspection, offer money or dispute the claim, and after an inspection, a short period to offer repairs or payment. If the builder does not respond, disputes the claim or fails to perform agreed repairs, you may sue. Serving the notice within the statutory period tolls the limitations period for the defect claim, which is one more reason to serve it early.

Read the contract. Many Billings builders use contracts with warranty procedures and arbitration clauses, and the defect statutes do not override an arbitration clause (§ 70-19-428(2), MCA).

Court. Without an arbitration clause, a construction defect lawsuit for a Billings home is filed in the Thirteenth Judicial District Court at the Yellowstone County Courthouse, 217 North 27th Street (§ 3-5-101, MCA).

What can you recover?

In a case under the construction defect statutes, the homeowner may recover the damages listed in § 70-19-428, MCA:

The reasonable cost of repairs, including engineering and consulting fees to evaluate and cure the defect;
Temporary housing during repairs;
Reduction in market value caused by the defect; and
Reasonable costs and attorney fees.

The attorney-fee provision matters in a Billings market where repair bills for water damage or foundation work can be substantial.

Montana law that applies

Definitions: a construction defect includes defective materials, code violations and work that does not meet contract specifications or accepted trade standards; “home owner” includes a later purchaser (§ 70-19-426, MCA).
Notice and opportunity to repair: § 70-19-427, above.
Consumer Protection Act: a residential defect claim against a construction professional under these statutes generally precludes a Consumer Protection Act claim (§ 30-14-133(1)(b), MCA).
Implied warranty: the builder-vendor of a new home impliedly warrants it is built in a workmanlike manner and fit for habitation (Chandler v. Madsen, 197 Mont. 234 (1982)).
Deadlines: Montana’s statute of repose for improvements to real property (§ 27-2-208, MCA) and its contract and tort limitation periods are short. The Legislature recently shortened them. Which one controls depends on when the work was completed, when the defect was or should have been discovered, and the type of claim. Do not wait to find out.

See our Montana construction defect page for the notice process step by step.

Why hire a Great Falls firm for a Billings case?

A defect case is built with engineers, contractors and the permit record, and builders and their insurers pay fair value when the homeowner’s lawyers are ready for trial. We are based in Great Falls and handle construction defect cases statewide. Our attorneys travel to Billings to see the house, meet the experts, take depositions and try the case, and our firm has tried jury trials in Yellowstone County. We do not have a Billings office.

The Boland Aarab Way

We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and more than 4,000 hours in the courtroom.
We hold public bodies accountable for property damage. We obtained a $115,000 net jury verdict in a municipal negligence case (Jack v. City of White Sulphur Springs).
We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
You work with the lawyers, Caitlin Boland Aarab and Samir Aarab.

Frequently Asked Questions

Do I have to notify my Billings builder before suing? Yes, for a residential defect claim against a construction professional. You must serve a written notice of claim describing the defect in reasonable detail (§ 70-19-427, MCA).

How long do I have to bring a construction defect claim in Montana? Not long. The deadlines are short, were recently shortened by the Legislature, and depend on the completion date, the discovery date and the type of claim. Call promptly so the notice can be served in time.

I bought my house from the first owner. Can I still bring a claim? Often, yes. Montana’s defect statutes define “home owner” to include a later purchaser, although deadlines still run from completion.

How do I find out when my Billings home was completed? Start with the permit and inspection record. Inside city limits, the City of Billings Building Division keeps it; outside city limits, the State Department of Labor and Industry handles building permits.

Is my hail-damaged roof a construction defect? Usually not; that is typically an insurance claim. But a roof that leaks because it was installed wrong may be a defect. An inspection sorts out the cause.

Talk to a Billings Construction Defect Lawyer

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.