Missoula, MontanaMissoula Construction Defect
Missoula Construction Defect Lawyers: Defective New Homes, Condos, Townhomes and Remodels in Missoula County
Boland Aarab PLLP.
If your new home, condo, townhome or remodel in Missoula 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 written notice and a chance for the builder to respond. Construction deadlines are short and were recently shortened by the Legislature, so call promptly.
Key Takeaways
- Before suing a construction professional over a residential defect, the homeowner must serve a written notice of claim, and the builder must respond within 21 days (§ 70-19-427, MCA).
- Recoverable damages include repair costs, temporary housing, reduced market value and reasonable costs and attorney fees (§ 70-19-428, MCA).
- 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 (§ 27-2-208, MCA).
Living with a defective home or a remodel gone wrong in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What construction defects show up in Missoula homes?
Missoula has added a great deal of housing in recent years: subdivisions on the edges of the valley, infill townhomes and duplexes in older neighborhoods, and condominium and apartment buildings near downtown and the university. Fast building and tight labor markets can lead to shortcuts, and Missoula’s climate is quick to expose them.
- Water intrusion. Missoula’s winters bring repeated freeze-thaw cycles, and Missoula Public Health notes that winter inversions that hold cold air on the valley floor are common (Missoula Public Health). Poorly flashed windows and doors, missing or failed weather-resistive barriers, and badly detailed decks and balconies let water into walls, where it can cause rot and mold long before anyone sees it.
- Roofs, ice dams and snow load. Inadequate insulation and ventilation in the attic let heat melt snow that refreezes at the eaves. Undersized framing and improper connections can fail under snow load.
- Foundations, grading and drainage. Settlement, cracking and water in basements and crawl spaces often trace to poor soil preparation, backfill or drainage on hillside and valley-floor lots.
- Framing, fire separation and shared walls. In townhomes and condos, errors in fire-rated assemblies, sound separation and structural connections between units can affect a whole building.
- Mechanical, plumbing and electrical errors, including undersized heating systems, improper venting and code violations.
Montana’s defect statutes cover single-family houses and condominium or cooperative units, and they include a homeowners’ association and later purchasers as “home owners” (§ 70-19-426). Townhome and condo owners in Missoula often bring these claims together through their association.
What happens when you find a defect in a Missoula home?
Document it. Photograph and video the damage and date every entry. Keep receipts for emergency repairs. Do not let the builder patch the problem before it is documented and evaluated.
Get the permit and inspection records. Inside city limits, building permits and inspections are handled by the City of Missoula’s Building Division, part of its Community Planning, Development and Innovation department at 435 Ryman Street. Outside city limits, the Missoula County Building Division issues permits (City of Missoula, Building Division). Both are local programs certified under Montana’s building codes program (Montana DLI). Permit files, approved plans, inspection reports and correction notices can show what was approved and what was actually built.
Gather the contract papers: the purchase or construction contract, plans, change orders, invoices, the builder’s written warranty, your home inspection report and any HOA documents. Read the contract for an arbitration clause; the defect statutes do not override one (§ 70-19-428(2)).
Serve the notice of claim. The statutory notice must describe the defect in reasonable detail. When served in time, it tolls the limitations period (§ 70-19-427(1)). We prepare the notice, attend the builder’s inspection and evaluate any offer to repair or pay.
Which court. If the notice process does not resolve the claim, a lawsuit can generally be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court), unless the contract requires arbitration.
Montana law that applies
- Definition. A construction defect includes defective materials, code violations in effect at the time, and failure to build to contract specifications or accepted trade standards (§ 70-19-426, MCA).
- Notice and repair. The builder responds within 21 days, may inspect, and then makes an offer or refuses; you accept or reject in writing (§ 70-19-427).
- Consumer Protection Act. Bringing a claim under the defect statutes against a construction professional generally precludes a Consumer Protection Act claim for it (§ 30-14-133, MCA).
- Implied warranty. The builder-vendor of a new home impliedly warrants 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, including an outside limit measured from completion of the work (§ 27-2-208, MCA) and separate periods for contract (§ 27-2-202) and negligence (§ 27-2-204, MCA) claims. These deadlines are short, were recently shortened by the Legislature, and depend on your completion and discovery dates. Call promptly so we can confirm them.
For more, see our Montana construction defect lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle construction defect cases statewide. These cases are built with engineers, contractors and building-science experts who can explain the cause, the proper repair and its cost. Our attorneys travel to Missoula for inspections, depositions, mediations, hearings and trial.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We hold public bodies 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 protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client 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 Missoula insurance bad faith and Missoula financial fraud cases, and other Missoula personal injury claims.
Frequently Asked Questions
Do I have to notify my Missoula builder before suing? Yes, for a residential defect claim against a construction professional. You must serve a written notice of claim describing the defect, and the builder has 21 days to respond.
Can our Missoula condo or townhome association bring the claim? Often, yes. Montana’s defect statutes include a homeowners’ association as a “home owner,” and common-element defects are frequently handled through the association.
Where do I get the permit records for my house? Inside Missoula city limits, from the City’s Building Division; outside the city, from the Missoula County Building Division. Permit and inspection files can be important evidence.
I bought my Missoula home from the first owner. Can I still bring a claim? Often, yes, because later purchasers are included. But the outside deadline is measured from completion of the work, not from your purchase, so act quickly.
How long do I have to bring a construction defect claim? Not long. Montana’s construction deadlines are short, were recently shortened by the Legislature, and depend on when the work was completed and when the defect was discovered. Call promptly.
Talk to a Missoula Construction Defect Lawyer
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.
