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Loss of Quiet Enjoyment as an Oft-Overlooked Remedy in Construction Defect Cases
The loss of quiet enjoyment of the occupancy of one's defective home is an oft-overlooked remedy that can apply even where a homeowner remains living in the home during the repair and remediation. This category of damages complements other buckets of recovery and quantifies an essential element of loss.
August 13, 2024 at 08:03 AM
8 minute read
Special SectionsDefective design and construction of homes remains a consistent problem throughout Pennsylvania. These problems, more often than not, include an improperly constructed exterior cladding system, such as stucco, that causes water damage or poorly designed heating ventilation air conditioning (HVAC) systems and/or plumbing systems. They may include other structural violations of building codes from which homeowners living with construction defects suffer. Often, construction defects materially and negatively affect a family's ability to feel safe and enjoy their residence. Sometimes, when microbial growth is present, personal injuries result. In many cases the home becomes unsafe and uninhabitable causing a family to seek refuge elsewhere.
The conventional wisdom and measure of construction defect damages involves the obvious examination of the diminution of value of the home and the cost of repair. It may also involve violations of Pennsylvania's Unfair Trade Practices statute, which implicates reasonable attorneys' fees, expert costs, interest, compensatory and actual damages and, in certain cases, treble damages.
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