A construction defect can surface immediately or years after a project is finished. Cracks in a foundation, water infiltration through the building envelope, or a roof that fails prematurely can range from cosmetic concerns to serious structural and safety issues. For property owners, the central questions are who is responsible and what it will cost to fix. For contractors and developers, the issue is whether the claim has merit and how to limit exposure when it does not.
Construction defect claims often arise long after completion and frequently involve disputes over responsibility, insurance coverage, and the scope and cost of necessary repairs. These cases require careful technical and legal analysis early to avoid missed deadlines or misdirected claims.
We represent property owners, contractors, subcontractors, and developers in construction defect disputes throughout Chicago, Cook County, DuPage County, Lake County, and Will County.
Types of Construction Defects Under Illinois Law
Workmanship Defects: The most common category. Work that does not meet contract specifications, fails to comply with applicable building codes, or falls below accepted industry standards. Examples include improper framing, inadequate waterproofing, faulty electrical or plumbing installations, and finish work that does not meet the agreed-upon standard.
Material Defects: Defective, substandard, or misapplied building materials that fail before their expected useful life. This can involve anything from defective roofing products to improperly rated structural components. Liability may fall on the contractor who selected or installed the materials, the supplier, or both.
Design Defects: Problems originating in the architectural or engineering plans rather than in the construction itself. A structurally undersized beam, an inadequate drainage design, or specifications that conflict with building code requirements are design defects. These claims typically involve the architect, engineer, or design professional.
Water Intrusion and Envelope Failures: Water intrusion claims are among the most costly construction defect disputes. Failures involving roofs, windows, exterior walls, balconies, or foundations can lead to mold growth, structural deterioration, and escalating interior damage if not addressed promptly.
Code Violations: Work that does not comply with applicable building codes, fire codes, or accessibility requirements. Code violations can create safety hazards, trigger municipal enforcement actions, and complicate insurance coverage. They also provide strong evidence in defect claims because the standard of care is clearly defined.
Who Is Liable for Construction Defects?
Construction defect claims often involve multiple parties because modern construction projects involve layers of contractors, subcontractors, suppliers, and design professionals. Determining who is responsible requires examining what went wrong and tracing it back to the party whose work, materials, or design caused the problem.
General contractors typically bear primary responsibility to the owner under the construction contract, but they may have indemnification and insurance claims against the subcontractors or suppliers whose work actually caused the defect. Subcontractors may point to design errors or owner-directed changes. Design professionals may argue the contractor deviated from the plans.
Sorting out liability across multiple parties is often the most contested part of a defect case, and getting it right early determines whether the claim is resolved efficiently or becomes prolonged litigation.
Time Limits on Defect Claims in Illinois
Construction defect claims in Illinois are governed primarily by 735 ILCS 5/13-214, which establishes both a statute of limitations and a statute of repose.
Illinois imposes two critical deadlines on construction defect claims. The statute of limitations gives you four years from the date the defect was discovered, or should have been discovered, to file suit. The statute of repose imposes a hard ten-year cutoff from the date of substantial completion, regardless of when the defect surfaces.
The statute however specifically provides that anyone who discovers a defect before the ten-year period expires has no less than four years to bring an action. Therefore, the time to bring a claim may be extended to a maximum of fourteen years after substantial completion depending on when the defect was discovered. These deadlines make early evaluation essential.
How We Help
We handle construction defect disputes from initial evaluation through resolution:
For property owners pursuing defect claims:
- Evaluate the defect and identify all potentially responsible parties
- Coordinate inspections and engage appropriate experts
- Pursue claims for repair costs, diminished value, and related damages
- Negotiate resolution or litigate through trial when necessary
For contractors and subcontractors defending defect claims:
- Assess whether the alleged defect is attributable to your work
- Identify design errors, owner-caused conditions, or other contributing factors
- Preserve and present evidence of code-compliant, specification-conforming work
- Pursue indemnification and insurance coverage where available
Common Questions About Construction Defect Claims
What is a construction defect?
A construction defect is a flaw in design, materials, or workmanship that causes a building or component to fail to perform as intended.
How long do I have to bring a construction defect claim in Illinois?
Illinois has a four-year statute of limitations running from the date the defect was discovered or should have been discovered. There is also a ten-year statute of repose that bars claims brought more than ten years after substantial completion. The statute however specifically provides that anyone who discovers a defect before the ten-year period expires has no less than four years to bring an action. Therefore, the time to bring a claim may be extended to a maximum of fourteen years after substantial completion depending on when the defect was discovered.
Do I need an expert to prove a construction defect claim?
In most cases, yes. Construction defect litigation typically requires expert testimony to establish what went wrong, whether the work met applicable codes and industry standards, and the cost to repair. Engaging the right expert early strengthens both the claim and any settlement negotiations.
I am a contractor being blamed for a defect I did not cause. What should I do?
Document everything immediately. Preserve photos, daily logs, inspection reports, and communications. Do not attempt repairs without understanding how they may affect your legal position. An attorney can help you evaluate whether the defect is attributable to your work, a subcontractor, a design issue, or owner-caused conditions.
Can I still pursue a defect claim if the contractor's warranty has expired?
Yes. A contractual warranty is only one basis for a defect claim. Even after a warranty expires, you may have claims based on breach of contract, negligence, or violations of applicable building codes. The statute of limitations and statute of repose are the more important deadlines.
For more information, visit our Construction Disputes page or our Construction Disputes FAQs. For a step-by-step guide on protecting your claim, read our blog post on what to do when you discover defective construction work in Illinois.
Dealing with a Construction Defect?
Whether you are a property owner facing costly repairs or a contractor defending against a defect allegation, we can help you evaluate the situation and determine the best path forward.
Schedule a Free ConsultationWhat to Expect During Your Consultation
During your free consultation, we will discuss the defect, review any documentation or reports you have, and explain your legal options. You will leave with a clear understanding of who may be responsible, what deadlines apply, and the most effective next steps.