Havre, MontanaHavre Construction Defect
Havre Construction Defect Lawyers: Defective New Homes, Faulty Remodels and Builder Negligence in Hill County
Boland Aarab PLLP.
If your new home or remodel in Havre has serious defects, such as water intrusion, foundation cracking or failed framing, 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 and were recently shortened, so call promptly.
Living with a defective home or a remodel gone wrong in Havre? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What construction defects show up in Hi-Line homes?
A house on the Hi-Line has to handle deep cold, heavy snow, strong wind, rapid chinook thaws and spring runoff. Work that might get by in a milder climate often fails here, and it tends to fail in predictable ways:
- Water intrusion. Poorly flashed windows and doors, missing or reversed house wrap, and roof penetrations that leak when snow melts and refreezes. Ice dams form when attic insulation or ventilation is inadequate, pushing meltwater under shingles and into walls.
- Foundations and basements. Cracked or shifting foundations, inadequate drainage and grading that sends spring melt toward the house, and basements that take on water every thaw.
- Frozen and burst pipes. Plumbing run through exterior walls or unheated spaces without proper protection.
- Framing and structural errors. Undersized headers, beams and roof framing that sag or crack under snow load, and connections that loosen in high wind.
- Heating and ventilation. Furnaces, boilers and vents installed incorrectly, which can cause carbon monoxide hazards as well as property damage.
- Code violations. Electrical, plumbing and building work that does not meet the codes in effect when the home was built.
These problems appear in new homes, in additions and remodels, and in homes bought from the first owner. A later purchaser can bring a claim too.
What happens with a construction defect claim in Havre?
Document it. Photograph and video the defects and any water or damage as it happens, with dates. Gather the contract, plans, change orders, invoices, warranty, inspection reports and permits. Keep receipts for temporary measures you take to prevent further damage.
Get an independent evaluation. An engineer or experienced contractor who did not build the home can explain the cause and the proper repair. On the Hi-Line, qualified experts may need to travel from Great Falls or Billings, so we arrange that early.
Don’t let the builder patch it first. A quick patch can hide the defect and destroy the evidence. Avoid destructive repairs until the conditions have been inspected.
Serve the notice of claim. Before suing a construction professional over a residential defect, the homeowner must serve a written notice of claim describing the defect in reasonable detail (§ 70-19-427, MCA). The builder must respond within 21 days by proposing an inspection, offering to pay, or disputing the claim. Serving notice on time can also toll the limitations period for construction defect claims (§ 70-19-427(1)). We draft the notice so that it describes every defect properly and preserves your rights.
Check the contract. The construction defect statutes do not override an arbitration clause in the construction contract (§ 70-19-428, MCA), so we read the contract before choosing a forum.
Courts. If the claim does not resolve, a lawsuit over a Hill County home can be filed in the Twelfth Judicial District Court at the Hill County Courthouse, 315 4th Street, Havre (§ 3-5-101, MCA). A claim against an out-of-state manufacturer of a defective window, roofing or siding product may be heard in the federal Great Falls Division (D. Mont. L.R. 1.2(c)(3)).
How long do I have to bring a claim?
Less time than many homeowners think. Montana’s deadlines for construction claims are short, and the Legislature recently shortened them. How much time you have depends on when the work was completed, when the defect was discovered, and what kind of claim you bring: a claim under a written contract, a negligence claim, or a warranty claim can each run on a different clock (§ 27-2-208, MCA; § 27-2-202, MCA; § 27-2-204, MCA). An outside deadline measured from completion can bar a claim even when the defect was hidden. The safe course is to call as soon as a serious defect appears, and to serve the notice of claim promptly.
Montana law that applies
Our Montana construction defect lawyer page covers the law in depth. The essentials:
- What counts as a defect. A deficiency in the construction or remodeling of a residence resulting from defective materials, code violations, or failure to build according to the contract or accepted trade standards (§ 70-19-426, MCA). “Home owner” includes a later purchaser.
- Damages. The reasonable cost of repairs, including engineering fees; temporary housing during repairs; reduced market value; and reasonable costs and attorney fees (§ 70-19-428).
- Consumer Protection Act. A homeowner who brings a residential defect claim against a construction professional under these statutes generally may not also bring a Consumer Protection Act claim against that professional (§ 30-14-133(1)(b), MCA). Other claims, such as against a seller who hid a known defect, may remain.
- 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)).
- Personal injury is different. The notice-and-repair statutes do not apply to claims for personal injury or wrongful death caused by a defect (§ 70-19-426).
Why hire a Great Falls firm for a Havre case?
We are based in Great Falls, and we handle construction defect cases statewide. We come to Havre to see the house, meet with you and walk the property with the experts. Builders and their insurers resolve defect claims on better terms when the homeowner’s lawyers have built the case with engineers and are ready for trial. We have no office in Havre.
The Boland Aarab Way
- We try cases. The firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We hold responsible parties accountable for property damage. A jury returned a $115,000 net verdict for our client in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We know Hi-Line juries. The Montana Supreme Court reinstated a Phillips County jury’s $168,500 verdict for our client on our appeal (Voegel v. Salsbery, 2023 MT 137).
- We belong to the trial bar. Both attorneys belong to AAJ and MTLA. See our results.
Related Havre pages: insurance bad faith · financial fraud and consumer claims · Havre and Hill County injury lawyers.
Frequently Asked Questions
Our new house near Havre leaks every spring thaw. What should we do first? Document each leak with photos and dates, prevent further damage with temporary measures, and talk with a lawyer before serving the builder with a notice of claim.
Do I have to give the builder a chance to fix it? Yes. For a residential defect claim against a construction professional, you must serve written notice first, and the builder has 21 days to respond (§ 70-19-427, MCA).
We bought our house from the first owner. Can we still bring a claim? Often, yes. Montana’s construction defect statutes define “home owner” to include a later purchaser, but the deadlines still run from when the work was completed.
How long do we have? Not long, and less than before, because the Legislature recently shortened construction deadlines. The answer depends on completion and discovery dates and the type of claim. Call promptly.
Can we recover our attorney fees? In a case under the construction defect statutes, recoverable damages include reasonable costs and attorney fees (§ 70-19-428, MCA).
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.
