Butte, MontanaButte Construction Defect
Butte Construction Defect Lawyers: Defective New Homes, Failed Remodels and Historic Renovation Problems in Butte-Silver Bow
Boland Aarab PLLP.
If your new home or remodel in Butte has serious defects, you may recover the cost of repairs, temporary housing, lost value and attorney fees from the builder or contractor. Before you sue, Montana law requires a written notice of claim and a chance for the builder to respond. The deadlines for construction claims are short, were recently shortened by the Legislature, and depend on when the work was completed and when the defect was discovered, so call promptly.
Living with a defective home or a remodel gone wrong in Butte? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What construction problems are common in Butte homes?
Butte’s climate, elevation and housing stock put heavy demands on construction work.
- Cold, snow and freeze-thaw. At roughly 5,500 feet, with January averaging about 20 degrees and close to 57 inches of snow a year, Butte homes need proper insulation, ventilation, flashing and roof design. Poor detailing shows up as ice dams, water intrusion behind siding and around windows, frozen or burst pipes and mold.
- Foundations and drainage. Grading that sends meltwater toward the house, missing or failed drainage, and foundations that are not built to the plans can lead to settling, cracking and wet basements.
- Remodels of old houses. Much of Butte’s housing is decades or more than a century old, and many homeowners hire contractors to update it. A remodel that ignores existing structure, undersizes new framing, or leaves electrical, plumbing or venting work below code can create defects and safety hazards.
- Historic buildings in Uptown. Uptown Butte lies within a National Historic Landmark District. Converting older commercial buildings into condominiums or apartments is complex work, and the construction defect statutes can apply to condominium units as well as houses.
- New construction on the flats. Newer subdivisions and infill homes bring the usual new-home disputes: roofing, window installation, framing, drainage and unfinished punch lists.
Hazardous materials in older homes, such as asbestos insulation or lead paint, are a separate issue. If a contractor disturbed them improperly, see our Butte toxic exposure page.
What happens with a construction defect claim in Butte?
1. Get the permit and inspection records. Butte-Silver Bow’s Building & Code Enforcement office, at the courthouse (Room 108, 155 West Granite Street), issues building permits and performs inspections. Butte-Silver Bow administers the 2021 editions of the International Residential Code, International Building Code and related plumbing, mechanical and fuel-gas codes (Butte-Silver Bow). The permit file shows what was approved and inspected, and what was not, and it helps show whether the work violated the codes in effect at the time, one of the statutory definitions of a defect.
2. Document the problem. Take dated photographs and video, especially of water during a thaw or storm. Keep receipts for emergency measures that prevent further damage.
3. Do not let the builder patch it before it is documented and evaluated by your own engineer or contractor.
4. Serve the notice of claim. Before suing a construction professional over a residential defect, you must serve a written notice describing the defect in reasonable detail (§ 70-19-427, MCA). The builder has 21 days to respond by proposing an inspection, offering to pay, or disputing the claim, and the process continues with defined steps for inspection, offers and acceptance. Serving the notice in time also tolls the limitations period for the defect claim. We prepare the notice so it describes every defect and preserves your rights.
5. Check the contract. An arbitration clause or other dispute-resolution procedure in the contract is not overridden by the defect statutes (§ 70-19-428(2), MCA).
Which court? If the dispute goes to court, a Butte construction defect case is usually filed in the Second Judicial District Court, Silver Bow County (§ 3-5-101(2), MCA), at the Silver Bow County Courthouse. A claim against an out-of-state builder or product manufacturer may be removed to the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse (mtd.uscourts.gov).
Montana law that applies
Briefly. Our Montana construction defect lawyer page covers the notice process, warranties and damages in more depth.
- What counts as a defect: defective materials, violation of the building, plumbing or electrical codes in effect at the time, or failure to build to contract specifications or accepted trade standards (§ 70-19-426, MCA). Later purchasers and homeowners’ associations can be “home owners” under the statute.
- Damages: reasonable repair costs, including engineering fees; temporary housing; reduced market value; and reasonable costs and attorney fees (§ 70-19-428, MCA).
- Consumer Protection Act: once a claim is subject to the defect statutes, a Consumer Protection Act claim against the construction professional is generally barred (§ 30-14-133(1)(b), MCA).
- Implied warranty: the builder-vendor of a new home impliedly warrants that it is built in a workmanlike manner and fit for habitation (Chandler v. Madsen, 197 Mont. 234 (1982)).
- Deadlines: Montana’s outside deadline for claims arising from construction of an improvement to real property (§ 27-2-208, MCA) was recently shortened by the Legislature. Other deadlines apply to contract and negligence claims. Which one controls depends on the completion date, the discovery date and the type of claim, so do not wait.
Why hire a Great Falls firm for a Butte case?
Because defect cases are won with engineers, contractors and a careful record, and builders and their insurers settle on better terms when the homeowner’s lawyers are ready for trial. We are based in Great Falls and handle cases statewide. Our attorneys travel to Butte to see the house with our experts, meet with you, take depositions and attend hearings and trial. There is no Boland Aarab office in Butte, and our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- We try cases: more than a dozen jury trials and more than 4,000 hours in the courtroom.
- We hold public bodies accountable for property damage: 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, from the first call.
We also handle insurance bad faith cases in Butte and financial fraud cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Do I have to notify my Butte 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, and the builder has 21 days to respond.
Can I get the permit and inspection file for my house? Yes. Butte-Silver Bow’s Building & Code Enforcement office at the courthouse keeps permit and inspection records, which often show whether work met the code.
My contractor remodeled my old Uptown house and the work is failing. Is that a construction defect? It can be. The statutes cover remodeling as well as new construction, including work that violates the codes or fails accepted trade standards.
How long do I have to bring a construction defect claim? Less time than many homeowners expect. The Legislature recently shortened the outside deadline, and the rules depend on completion and discovery dates, so call as soon as you find a serious defect.
Can I recover my attorney fees? In a case subject to the construction defect statutes, recoverable damages include reasonable costs and attorney fees.
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.
