Great Falls & MontanaConstruction Defect
Great Falls & Montana Construction Defect Lawyers: Defective Homes, Builder Negligence and Faulty Remodels
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
If your new home or remodel in Montana 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. Deadlines for construction claims 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 (§ 70-19-427, MCA).
- The builder must respond within 21 days by proposing an inspection, offering money, or disputing the claim (§ 70-19-427(2)).
- 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). Call promptly.
On this page: What counts · Notice and repair · Damages · Consumer Protection Act · Warranties · Deadlines · What to do · Why Boland Aarab · FAQ
Living with a defective home or a remodel gone wrong? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What is a construction defect under Montana law?
A construction defect is a deficiency in the construction or remodeling of a residence that results from defective materials, code violations, or work that does not meet the contract specifications or accepted trade standards.
Montana’s residential construction defect statutes, §§ 70-19-426 through 70-19-428, MCA, define the key terms:
- Construction defect: a deficiency in or arising out of the supervision, construction or remodeling of a residence resulting from (a) defective materials, products or components; (b) violation of the building, plumbing or electrical codes in effect at the time; or (c) failure to build or remodel in accordance with contract specifications or accepted trade standards (§ 70-19-426(4)).
- Construction professional: a builder, builder-vendor, contractor or subcontractor performing or furnishing the supervision of construction or remodeling (§ 70-19-426(5)).
- Home owner: a person who contracts with a construction professional to build, remodel, or build and sell a residence, and a later purchaser from any home owner, as well as a homeowners’ association (§ 70-19-426(6)).
- Residence: a single-family house or a condominium or cooperative unit (§ 70-19-426(7)).
Common defects we see include water intrusion through roofs, windows and siding; foundation settlement and cracking; improper drainage and grading; framing and structural errors; faulty electrical and plumbing work; and inadequate insulation, ventilation or fire separation.
The statutes cover claims for damage to property and loss of its use. They do not apply to a claim for personal injury or wrongful death caused by a construction defect (§ 70-19-426(1)(b)).
How does Montana’s notice-and-opportunity-to-repair process work?
Before you file suit, you serve the builder with written notice, and the builder gets a defined chance to inspect, repair, pay or refuse.
The steps under § 70-19-427, MCA:
| Step | Timing | What happens |
|---|
| 1. Notice of claim | Before any lawsuit | The homeowner serves written notice describing the defect “in reasonable detail sufficient to determine the general nature of the defect” |
| 2. Builder’s response | Within 21 days | The builder proposes an inspection, offers to settle by payment without inspection, or disputes the claim |
| 3. Inspection | As agreed | If the homeowner allows it, the builder and its agents get reasonable access to inspect |
| 4. Builder’s offer | Within 14 days after inspection | An offer to repair at no cost (with a report and timetable), to pay, to combine repair and payment, or a written refusal |
| 5. Acceptance or rejection | Within 30 days | The homeowner serves written acceptance or rejection; if the homeowner does neither, the builder may terminate its offer |
| 6. Lawsuit | After refusal, no response, rejection or failure to perform | The homeowner may sue on the claim described in the notice |
Several protections run in the homeowner’s favor:
- Tolling. If the notice is served within the period allowed by § 27-2-208, MCA, the statute of limitations for construction defect claims is tolled (§ 70-19-427(1)). The statute ties that protection to timely notice, which is one more reason to act quickly.
- No response means you may sue. If the builder disputes the claim or does not respond within 21 days, the homeowner may bring suit without further notice (§ 70-19-427(3)(a)).
- Failure to perform. If the builder agrees to repair but does not do the work, or does not finish on time, the homeowner may sue (§ 70-19-427(4)(c), (7)).
- Notice to the homeowner. The process “may not be enforced unless the home owner has been given written notice” of these requirements (§ 70-19-427(8)).
Defects discovered later are handled separately under the same process unless the parties agree otherwise (§ 70-19-427(6)). And the statutes do not override an arbitration or other dispute-resolution clause in the construction contract (§ 70-19-428(2)), so we read the contract first.
What damages can you recover?
In a case subject to the construction defect statutes, the homeowner may recover only the damages listed in § 70-19-428, MCA, proximately caused by the defect:
- The reasonable cost of repairs necessary to cure the defect, including reasonable and necessary engineering or consulting fees to evaluate and cure it;
- Temporary housing expenses reasonably necessary during the repair period;
- Reduction in market value, to the extent due to the defect; and
- Reasonable costs and attorney fees.
The attorney-fee provision is significant. It allows a homeowner to pursue a claim that might otherwise cost more to litigate than to fix. Proving these damages usually requires engineers, contractors and sometimes appraisers who can explain the cause of the defect, the proper repair and its cost.
Can you also sue under the Consumer Protection Act?
Usually not, if the claim is a residential construction defect claim against a construction professional.
Montana law now says that asserting a claim under the construction defect notice statute “precludes a claimant from bringing or maintaining an action under 30-14-133” (§ 70-19-427(1)), and the Consumer Protection Act says a consumer may not bring a claim under that section while bringing an action subject to §§ 70-19-427 or 70-19-428 against a construction professional (§ 30-14-133(1)(b), MCA). These provisions were added in 2021.
Other claims may still be available depending on the facts, including claims against a seller who concealed a known defect, claims against parties who are not “construction professionals,” and claims for personal injury. We sort out which claims fit your facts before any notice goes out.
What warranties protect Montana homeowners?
Written warranties in your contract, manufacturer warranties on products, and an implied warranty recognized by the Montana Supreme Court.
- Implied warranty of habitability. In Chandler v. Madsen, 197 Mont. 234, 642 P.2d 1028 (1982), the Montana Supreme Court held that the builder-vendor of a new home impliedly warrants that the residence is constructed in a workmanlike manner and is suitable for habitation (Chandler).
- Express warranties. Many builders give a written warranty, often with its own notice procedures and time limits. Read it closely, and follow its procedures while preserving your statutory rights.
- Contract terms. The contract’s specifications help define whether work met “contract specifications or accepted trade standards” under § 70-19-426(4)(c).
- Product warranties. Windows, roofing, siding and equipment often carry manufacturer warranties that can provide a separate source of recovery.
How long do you have to bring a construction defect claim?
Less time than many homeowners think. Deadlines for construction claims are short, they were recently shortened by the Legislature, and the one that applies to you depends on when the work was completed and when the defect was discovered.
Several different clocks can apply to the same defective house:
- An outside limit measured from completion. Montana sets an outer deadline for claims arising from the design, planning, supervision, inspection or construction of an improvement to real property, measured from the date the work was completed (§ 27-2-208, MCA). Once it passes, a claim is generally barred, even if the defect was hidden and no one could have found it.
- “Completion” has a legal meaning. It is generally the point at which the owner can use the improvement for its intended purpose, or when a completion certificate is signed, whichever is earlier (§ 27-2-208). That date is often earlier than homeowners assume.
- Claims on a written contract are governed by a separate statute (§ 27-2-202, MCA), which the Legislature also recently changed.
- Negligence and other tort claims have their own limitation period (§ 27-2-204, MCA). The start of that period can be delayed when the facts are by their nature concealed or self-concealing, or when the defendant took action that prevented discovery (§ 27-2-102(3), MCA).
- Warranty deadlines. A written builder warranty may require you to report defects within its own, often brief, window.
Which of these clocks controls your claim, and when each one started, depends on the date the work was finished, the date the defect appeared or should have been noticed, and the kind of claim. Because the rules interact and the law has recently changed, we do not recommend waiting to see whether a problem gets worse. The safe course is to call as soon as a serious defect appears, so we can confirm the dates and serve a proper notice of claim, which tolls the limitations period when served in time (§ 70-19-427(1)).
What should you do if you find defects?
- Document everything: photos, video, dates, and any water or damage as it happens.
- Gather your papers: the contract, plans, change orders, invoices, warranty, inspection reports and permits.
- Do not let the builder “patch” the problem before it is documented and evaluated.
- Prevent further damage with reasonable temporary measures, and keep receipts.
- Avoid destructive repairs until the conditions have been inspected by the engineers and consultants on both sides.
- Put communications in writing.
- Talk to a lawyer before serving the notice of claim, so it describes the defects properly and preserves your rights.
The Boland Aarab Way
We are trial lawyers, and we prepare every case as if it will be tried and then appealed. 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 recovered for homeowners. A home built wrong, and a builder held to account: a Fort Shaw family’s new home came with defects and exposure problems the builder would not fix, and we resolved the construction defect and consumer protection claim for $350,000. Defective construction, fixed the right way: a Great Falls homeowner was left with a builder’s defects and a builder’s excuses, and we recovered $130,000. See our results.
- 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 hold public bodies accountable for property damage. We obtained a $115,000 net jury verdict in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do we handle construction defect cases?
Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle construction defect cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle product liability and insurance bad faith cases.
Where do we handle construction defect cases?
We are based at 18 6th Street North, Suite 200, in Great Falls, and handle construction defect cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings construction defect lawyers, Missoula construction defect lawyers, Helena construction defect lawyers, Bozeman construction defect lawyers, Butte construction defect lawyers, Kalispell construction defect lawyers and Havre construction defect lawyers.
Frequently Asked Questions
Do I have to give my builder notice before suing in Montana? Yes, for a residential construction defect claim against a construction professional. You must serve a written notice of claim describing the defect in reasonable detail (§ 70-19-427, MCA).
How long does the builder have to respond? 21 days after service of the notice. If the builder does not respond or disputes the claim, you may sue without further notice (§ 70-19-427(2)-(3)).
Can I get my attorney fees in a construction defect case? In a case subject to the construction defect statutes, recoverable damages include reasonable costs and attorney fees (§ 70-19-428(1)(d), MCA).
How long do I have to bring a construction defect claim in Montana? Not long. The deadlines are short, the Legislature recently shortened them, and the one that applies depends on when the work was completed and when the defect was discovered (§§ 27-2-208, 27-2-202, MCA). Call promptly so we can confirm your dates.
I bought my house from the first owner. Can I still bring a claim? Often, yes. The construction defect statutes define “home owner” to include a subsequent purchaser (§ 70-19-426(6), MCA), though the outside deadline is measured from completion of the work, not from your purchase.
Can I sue under the Consumer Protection Act for a construction defect? Generally not against a construction professional once the claim is subject to the construction defect statutes (§§ 70-19-427(1), 30-14-133(1)(b), MCA). Other claims may remain.
Does Montana recognize an implied warranty for new homes? Yes. The builder-vendor of a new home impliedly warrants that it is built in a workmanlike manner and is fit for habitation (Chandler v. Madsen, 1982).
What if my contract has an arbitration clause? The construction defect statutes do not override contractual dispute-resolution procedures (§ 70-19-428(2), MCA). We review the clause before choosing a forum.
Talk to a Great Falls Construction Defect Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: § 70-19-426, MCA · § 70-19-427, MCA · § 70-19-428, MCA · § 30-14-133, MCA · § 27-2-208, MCA · § 27-2-202, MCA · § 27-2-204, MCA · § 27-2-102, MCA · Chandler v. Madsen, 197 Mont. 234 (1982)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
