Kalispell, MontanaKalispell Construction Defect
Kalispell Construction Defect Lawyers: Defective New Homes, Remodels and Builder Negligence in the Flathead Valley
Boland Aarab PLLP.
If your new home or remodel in the Flathead Valley has serious defects, you may recover repair costs, temporary housing, lost value and attorney fees from the builder or contractor. Montana law requires written notice to the builder, and a chance to respond, before you sue. Construction deadlines are short, were recently shortened by the Legislature, and depend on completion and discovery dates, 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 arise in the Flathead Valley?
Rapid growth. Flathead County has grown to about 115,400 residents, according to the Census Bureau’s July 1, 2025 estimate. New subdivisions, townhomes, custom homes and lake houses have gone up around Kalispell, Whitefish, Columbia Falls, Bigfork and Lakeside. Building at that pace puts pressure on schedules, subcontractors and supervision.
Who inspects depends on where you build. This is one of the most important local facts for a Flathead homeowner:
- The City of Kalispell runs its own building department, which issues permits and inspects construction inside city limits.
- Flathead County has no building department and does not regulate building codes. Outside local jurisdictions, codes are administered by the Montana Department of Labor & Industry’s Building Codes Program.
- The state does not require a building permit for a single-family residence unless a local government requires one by ordinance or resolution. Separate electrical, plumbing and mechanical permits are still required.
In practice, a single-family home built outside city limits may never have had a structural building inspection. That does not lower the builder’s obligations, but it often means the homeowner is the first to find the problem.
Mountain conditions. Heavy snow loads, deep frost, freeze-thaw cycles, spring runoff and hillside and lakeshore lots put more stress on roofs, foundations, drainage and building envelopes than in many places. Common Flathead defects include:
- roof framing or trusses not built for the snow load;
- ice dams and water intrusion at roofs, windows and decks;
- foundation cracking and settlement from poor soil preparation or drainage;
- grading that sends water toward the house;
- faulty electrical, plumbing and ventilation work; and
- decks and stairs that are not properly attached or supported.
What happens with a construction defect claim in Kalispell?
Document first. Photograph and date the defects and any water damage as it happens. Gather the contract, plans, change orders, invoices, the warranty, and any permits and inspection records. For a Kalispell home, the city’s permit file may show what was inspected and when. For a rural home, the state electrical and plumbing permit records may be the only public inspection records.
Serve a proper notice of claim. Before suing a builder, contractor or subcontractor over a residential defect, the homeowner must serve a written notice describing the defect in reasonable detail. The builder then has 21 days to propose an inspection, offer to pay, or dispute the claim (§ 70-19-427, MCA). A notice served in time also protects the limitations period. We draft the notice so it covers every known defect and preserves your rights.
Bring in the right experts. Structural engineers, building-envelope consultants and contractors identify the cause, the proper repair and its cost. Don’t let the builder “patch” the problem before it is documented. Avoid destructive repairs until both sides have inspected.
Check the contract. Many construction contracts contain arbitration clauses, and the defect statutes do not override them. If there is no such clause, the case is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell. An out-of-state builder or product manufacturer may remove the case to the U.S. District Court’s Missoula Division.
Montana law that applies
In brief; see our Montana construction defect lawyer page for the full treatment.
- Definitions. A construction defect includes defective materials, code violations, and work that doesn’t meet contract specifications or accepted trade standards. Later purchasers count as “home owners” (§ 70-19-426, MCA).
- Damages. You can recover the reasonable cost of repairs (including engineering fees), temporary housing, reduced market value, and reasonable costs and attorney fees (§ 70-19-428, MCA).
- Consumer Protection Act. A residential defect claim against a construction professional generally precludes a Consumer Protection Act claim (§ 30-14-133, 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. Several clocks can apply at once. There is an outside limit measured from when the work was completed (§ 27-2-208, MCA), separate periods for contract and negligence claims (§§ 27-2-202, 27-2-204, MCA), and any warranty deadlines. These deadlines are short, the Legislature recently shortened them, and which one controls depends on when the work was completed and when the defect was discovered. Don’t wait to see whether a problem gets worse.
Why hire a Great Falls firm for a Kalispell case?
Defect cases are won with engineers, documents and a builder who knows the homeowner’s lawyers will try the case. We are based in Great Falls and handle construction defect cases across Montana. We travel to the Flathead to see the home, meet with experts, take depositions and appear in court. We do not have a Kalispell office.
The Boland Aarab Way
- We try cases involving property damage. We won a $115,000 net jury verdict in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials.
- We know appellate law. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle legal malpractice cases in Kalispell and insurance bad faith cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
My new house outside Kalispell never had a building inspection. Does that matter? The state does not require a building permit for a single-family home outside a local jurisdiction that requires one. The builder must still meet code, the contract and accepted trade standards. The lack of inspection often means the defects surface later.
Water is coming in around our windows every spring. Is that a construction defect? It may be, if it comes from defective materials, a code violation or work below trade standards. Document it each time and have it evaluated before any repairs.
Do I have to give my builder a chance to fix it? Yes. For a residential defect claim you must serve a written notice of claim. The builder has 21 days to respond, and it may inspect and offer to repair or pay.
We bought our Whitefish home from the first owner. Can we still make a claim? Often yes. Later purchasers count as home owners under the statute, but the outside deadline runs from when the work was completed, not from your purchase.
How long do we have? Not long. Construction deadlines are short, were recently shortened, and depend on the completion and discovery dates. Call promptly so we can confirm your dates.
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.
