Bozeman, MontanaBozeman Construction Defect
Bozeman Construction Defect Lawyers: Defective New Homes, Condos, Townhomes and Remodels in Gallatin County and Big Sky
Boland Aarab PLLP.
If your new home, condo or remodel in the Bozeman area has serious defects, you may recover repair costs, temporary housing, lost value and attorney fees from the builder or contractor. Before you sue, Montana law requires written notice and a chance for the builder to respond. Construction deadlines are short and were recently shortened by the Legislature, so call promptly.
Living with a defective home or a remodel gone wrong? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why do construction defect claims come up so often around Bozeman?
Gallatin County has led Montana in population growth, and building has tried to keep up. Fast construction, labor shortages and demanding conditions can combine into defects that show up a season or two after move-in:
- New subdivisions in west Bozeman, Belgrade and Four Corners, where many homes are built at once by the same builder and subcontractors. A defect in one house may be repeated down the street.
- Condominiums and townhomes, including multi-story buildings in Bozeman and resort condos at Big Sky. A homeowners’ association can bring a claim on behalf of the common elements.
- Mountain homes at Big Sky and in the canyons. Heavy snow loads, ice dams, freeze-thaw cycles and steep lots stress roofs, decks, drainage, retaining walls and foundations. Water intrusion around windows, roof valleys and decks is a recurring problem.
- Remodels of older homes near downtown and the university, where new work meets old framing, wiring and plumbing.
Who inspected the work, and does it matter?
It can. Inside Bozeman and other cities with their own building programs, the city issues permits and performs code inspections, and those records are a starting point in a defect case. Montana’s state building permit rules exempt residential buildings with fewer than five dwelling units, except those serving transient guests, in areas under state jurisdiction, while certified local programs set their own requirements (Montana DLI, Building Permits). A single-family home built outside a local program’s limits may have no code inspection record at all. That does not excuse a defect; the builder still had to meet the contract, accepted trade standards and the applicable codes. It does mean we often need our own engineers earlier.
What happens after you find a defect in a Bozeman-area home?
Document it. Photograph and video the problem as it develops, with dates: water stains, cracks, doors that stop closing, ice damming, mold. Keep a log through the first winter; many Gallatin Valley defects reveal themselves when snow melts or the ground freezes.
Gather the paperwork. The purchase or construction contract, plans, change orders, invoices, the builder’s written warranty, the home inspection report, the HOA declaration, and any city permit and inspection records.
Do not let the builder patch it first. A quick fix before the defect is documented can hide the cause. Reasonable temporary measures to prevent further damage are fine; keep receipts.
Serve the right notice. Montana requires a written notice of claim to the builder before a lawsuit, describing the defects in reasonable detail. Getting that notice right, and served in time, protects your rights.
The court. A defect lawsuit over a Gallatin County home is filed in the Eighteenth Judicial District Court at the Gallatin County Law and Justice Center, 515 South 16th Avenue, Bozeman (§ 3-5-101, MCA). A home on the Madison County side of Big Sky belongs in a different judicial district. Many builder contracts include an arbitration clause, which Montana’s defect statutes do not override, so we read the contract first.
Montana law that applies
Our Montana construction defect lawyer page explains the process in detail. In brief:
- A construction defect includes defective materials, code violations, and work that fails contract specifications or accepted trade standards. A later buyer and a homeowners’ association can bring claims (§ 70-19-426, MCA).
- Notice and opportunity to repair. The homeowner serves written notice; the builder has 21 days to propose an inspection, offer payment or dispute the claim, followed by set steps for an offer and your response (§ 70-19-427, MCA). Timely notice tolls the limitations period.
- Damages include the reasonable cost of repairs and engineering, temporary housing, reduction in market value, and reasonable costs and attorney fees (§ 70-19-428, MCA).
- A builder-vendor of a new home impliedly warrants that it is built in a workmanlike manner and fit to live in (Chandler v. Madsen, 197 Mont. 234 (1982)).
- A residential defect claim against a construction professional generally cannot also be brought under the Consumer Protection Act (§ 30-14-133, MCA).
How long do you have?
Less time than most homeowners expect. Montana’s construction deadlines are short, they were recently shortened by the Legislature, and which one controls depends on when the work was completed and when the defect was discovered (§ 27-2-208, MCA). Contract, negligence and warranty claims each have their own clocks, and “completion” has a legal meaning that is often earlier than the day you moved in. Once an outside deadline passes, a claim can be barred even if no one could have found the defect. Do not wait to see whether a problem gets worse. Call as soon as a serious defect appears, so we can confirm the dates and serve a proper notice.
Why hire a Great Falls firm for a Bozeman case?
Defect cases are won with engineers, construction experts and a clear record of what was promised and what was built. We are based in Great Falls, handle construction defect cases across Montana, and our attorneys travel to Bozeman and Big Sky for inspections, depositions, hearings and trial. We do not have a Bozeman office. Montana’s attorney-fee provision helps make a claim worth pursuing when repairs are expensive.
The Boland Aarab Way
- Trial lawyers. Our attorneys have spent more than 4,000 hours in the courtroom, and our firm has tried more than a dozen jury trials in Cascade, Phillips, Meagher and Yellowstone Counties.
- Appellate strength. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- Federal court experience. More than 40 cases in the U.S. District Court for the District of Montana over nine years, useful when a national builder or product maker is involved.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle construction accident cases in Bozeman and legal malpractice cases in Bozeman. See our Bozeman personal injury page for more.
Frequently Asked Questions
Our new home in a Bozeman subdivision leaks around the windows. What should we do first? Document the leaks with dated photos, gather your contract and warranty, and talk with a lawyer before serving the required written notice on the builder. Do not let the builder patch it before it is evaluated.
Can our Big Sky condo association bring a defect claim? Yes. Montana’s defect statutes treat a homeowners’ association as a home owner for claims involving the common elements. The association’s declaration may set its own procedures.
We bought a resale home near Bozeman and found defects. Can we sue the original builder? Often yes. The statute covers later purchasers. Claims against the seller for concealing a known defect may also be possible.
Our home was built outside city limits and never inspected. Does that matter? It does not excuse the builder, who still had to meet the contract, trade standards and applicable codes. It may mean less paperwork exists, so independent engineering becomes more important.
How long do we have to bring a construction defect claim in Montana? Deadlines are short, were recently shortened, and depend on when the work was completed and when the defect was discovered. Call as soon as a serious defect appears.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
