Helena, MontanaHelena Construction Defect
Helena Construction Defect Lawyers: Defective New Homes, Builder Negligence and Faulty Remodels in the Helena Valley
Boland Aarab PLLP.
If your new Helena-area home or remodel has water intrusion, foundation movement, drainage failures or code violations, you may recover repair costs, temporary housing, lost value and attorney fees from the builder. Montana requires written notice and a chance for the builder to respond before you sue, and construction deadlines are short, so call promptly.
Key Takeaways
- Before suing a construction professional over a residential defect, the homeowner must serve a written notice of claim (§ 70-19-427, MCA), and the builder must respond within 21 days.
- Recoverable damages include repairs, temporary housing, lost market value and reasonable costs and attorney fees (§ 70-19-428, MCA).
- The outside deadline for construction claims was recently shortened by the Legislature and runs from the project’s completion (§ 27-2-208, MCA).
Living with a defective home or a remodel gone wrong in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What construction defects do Helena homeowners see?
Helena’s building conditions are hard on houses, and they expose shortcuts quickly.
Water and ice. Long winters, heavy snow loads and repeated freeze-thaw cycles punish roofs, flashing, windows and siding. Poorly installed ice-and-water barriers and inadequate attic ventilation lead to ice dams, leaks and hidden rot inside walls. Improper grading sends snowmelt toward foundations instead of away from them.
Soils and slopes. Many newer homes are built on former hay ground and valley-bottom soils in the Helena Valley, or on hillsides in and around the city. Settlement, heaving and cracked slabs and foundations often trace back to inadequate soil evaluation, compaction or drainage.
Seismic and structural work. Helena lies in one of Montana’s more seismically active areas, and the 1935 Helena earthquakes damaged many buildings in the city. Framing, anchoring and structural connections that do not meet the code in effect when the home was built are defects under Montana law.
Remodels in older homes. Helena’s historic housing stock, from the Mansion District to the older neighborhoods near the Capitol, attracts additions and renovations that must tie new work into old foundations, framing and wiring.
Who inspected the work. Inside city limits, the City of Helena’s Building Division issues permits and inspects construction under its adopted building, plumbing, electrical and mechanical codes (City of Helena, Building). Outside city limits, Lewis and Clark County does not run its own building-code program, and the role of the state’s Building Codes Program depends on the kind of work involved (DLI Building Codes Program). A rural valley home may not have been inspected the way a city home would be. Permit files, inspection records, or their absence, are important evidence either way.
What happens after you find a construction defect in Helena?
- Document everything. Photos, video and dates, especially of water entry as it happens.
- Gather the paperwork. The contract, plans, change orders, invoices, warranty, the home inspection report and any permits or inspection records from the City of Helena or the state.
- Do not let the builder “patch” the problem before it has been documented and evaluated, and avoid destructive repairs before both sides’ experts have looked.
- Get an independent evaluation. An engineer or experienced contractor who did not work on the house can identify the cause and the proper repair.
- Serve the notice of claim, with help. The notice must describe the defect “in reasonable detail.” Serving it within the statutory period tolls the limitations period for the defect claim (§ 70-19-427(1)). The builder then has 21 days to propose an inspection, offer to pay, or dispute the claim; if the builder disputes the claim or does not respond, you may sue.
- Read the contract for an arbitration clause. The defect statutes do not override a contract’s dispute-resolution procedure (§ 70-19-428(2)).
- Know where the case goes. A defect case over a Helena-area home is generally filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). Homes in Broadwater County are in the same judicial district.
Montana law that applies
In brief: Montana’s residential construction defect statutes cover defects from defective materials, code violations, or work that fails to meet contract specifications or accepted trade standards, and they protect later purchasers as well as original owners (§ 70-19-426, MCA). They do not cover personal injury claims. A 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)). Asserting a claim under the defect notice statute generally precludes a Consumer Protection Act claim against the construction professional (§ 30-14-133(1)(b), MCA).
Deadlines. Construction deadlines are short, and the Legislature recently shortened the outside limit for claims arising from construction of an improvement to real property. How much time you have depends on when the project was completed, when you discovered the defect, and whether the claim is on a written contract or in tort (§ 27-2-208; § 27-2-202; § 27-2-204, MCA). Do not wait to see whether a crack grows. Call as soon as a serious defect appears. The statewide Montana construction defect lawyer page covers the notice process and damages in more depth.
Why hire a Great Falls firm for a Helena case?
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 are based in Great Falls, handle cases statewide, and our attorneys travel to Helena for site inspections, depositions, hearings and trial. We do not have a Helena office.
The Boland Aarab Way
- We try cases. Our 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 have tried a property-damage case against a town. A jury returned a $115,000 net verdict for our client in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We protect verdicts. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle insurance bad faith cases in Helena, financial fraud cases in Helena and other Helena cases.
Frequently Asked Questions
My new home in the Helena Valley leaks every spring. Do I have to notify the builder before suing? Yes. You must serve a written notice of claim describing the defect in reasonable detail, and the builder has 21 days to respond (§ 70-19-427, MCA).
How long do I have to bring a construction defect claim? Less time than many homeowners think. The deadlines are short, were recently shortened by the Legislature, and depend on the completion and discovery dates, so call promptly.
My house is outside Helena city limits. Was it inspected? Maybe not in the way a city home is. The City of Helena’s Building Division inspects inside city limits; outside them, the county has no building-code program. The permit history is important evidence.
I bought my Helena home from the first owner. Can I still bring a claim? Often, yes. The defect statutes define “home owner” to include later purchasers (§ 70-19-426, MCA), though deadlines still run from completion.
Can I recover attorney fees in a construction defect case? In a case subject to the defect statutes, recoverable damages include reasonable costs and attorney fees (§ 70-19-428, MCA).
Talk to a Helena Construction Defect Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 70-19-426, MCA · § 70-19-427 · § 70-19-428 · § 30-14-133 · § 27-2-208 · § 27-2-202 · § 27-2-204 · § 3-5-101, MCA · Chandler v. Madsen (1982) · City of Helena Building Division · DLI Building Codes Program
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
