DEFECTOS DE CONSTRUCCIÓN

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DEFECTOS DE CONSTRUCCIÓN

La mayor inversión que tienen la mayoría de las familias es su casa. Es a donde te diriges al final del día. Tu hogar es el lugar donde descansas por la noche y crías a tu familia. Pero, ¿qué pasa si tu sueño se convierte en pesadilla? Necesita un defensor eficaz y con experiencia para proteger su parte del Sueño Americano.

¿QUÉ HAY EN ESTA PÁGINA?

Incidents of Defective Construction are Escalating

Instances of defective construction have escalated to unprecedented levels as the pace of new residential and commercial buildings has exploded. These problems have been well-documented in numerous probing news reports throughout the country. These issues will only grow as areas in North Carolina & South Carolina continue to prosper and attract new homebuyers.

A “perfect storm” of conditions have inspired this virtual epidemic of construction defects. This includes the following facts:

  • Many subcontractors are untrained, unlicensed, inadequately insured, and employ poorly skilled transient workers
  • Large, national production builders rush the completion of entire neighborhoods under tight deadlines without properly supervising the work being performed
  • Large, national production builders do not invest in proper site work leaving many homes vulnerable to foundation issues long after the builder has moved on
  • Builders are cutting corners along the way by using inferior, cheaper materials while charging buyers for more expensive products
  • Cheap foreign materials have flooded the building market in the United States. Some of these materials contain harmful chemicals which can cause illness if installed in a home.
  • Underpaid or unscrupulous workers will begin a project but then walk off the job demanding more money
    Builders fail to oversee and adequately coordinate construction leading to rushed, slapdash work
  • Underfunded builders use a “Rob Peter to pay Paul” by financing the next project by using the funds from their current job. Serious disruptions in weather, supplies, or workers can cause these builders to run out of money and not complete a job
  • Building products have become more complex, require skilled installation, and require greater attention in the application
  • Builders brag that they are “insured” but then buy the wrong kind of insurance that does not protect the buyer if the builder performs faulty work
  • Government inspection departments are understaffed, overworked, and underfunded
  • Laws are generally designed to protect the economic interests of the builders and not the consumer
  • Laws and government inspection departments do not require a builder to be adequately bonded and properly insured
  • Large builders rely on non-judicial remedies such as arbitration to avoid the accountability of the courts and juries

Don’t allow a construction defect to harm you, your property, or your profitability. Contact our North Carolina and South Carolina civil litigation lawyers at The Law Offices of Jason E. Taylor for a free consultation.

Warning Signs

There are some warning signs you should look for in your home or before you purchase a house:

Exterior

Take a walk around the outside of your newly built home, with a camera and notepad in hand. Issues with exterior surfaces, sealing of windows and doors, a patio or deck, and concrete surfacing should be your main focus here. Water intrusion is the enemy.

Look for cracks that are larger than “hairline” – particularly at the corners of windows and doors if the exterior of your house is stucco. If the surface of the stucco is flaking or “spalling” off, this may indicate that the stucco was not applied properly.

Look for gaps between the stucco and windows, doors, hose bibs, pipes, ducts, and electrical fixtures. These gaps could be sources of water intrusion. Water intrusion will cause serious damage to the stucco.

Where the siding is a wood or vinyl siding, look for significant waviness of the boards and (if it has rained since the house was built) see if the ends and edges of the boards appear swollen from moisture intrusion. Inspect wood trim around doors, windows, and other locations to see if joints have opened up or cracks in the wood have developed. These conditions may develop over time.

Look for cracks in the walking surfaces and at the intersection between the deck and the wall of the house.

Look for cracks in the foundation or crawlspace. Issues with subsurface preparation typically show up first in the foundation.

Problems with your roof are more difficult to observe and require the assistance of a trained professional. You should not walk on your roof. In fact, if the roof is made of tile, you could void the manufacturer’s warranty by doing so. Watch for signs of water intrusion on the interior ceilings and walls.

Cracks in concrete sidewalks, driveways, garage floors, or retaining walls could indicate that the soils were not properly prepared or that the concrete structures were not properly installed.

Interior

Put a ball down in the middle of the floor. Does it stay put or roll? While no floor is ever perfect, it should be level enough that a ball will stay put no matter where you put it.

Look for water stains around windows and doors on the wood trim or drywall, particularly at the window sills or at the base of exterior doors.

Inspect all interior wall and ceiling surfaces for cracks in the drywall, which could indicate soil movement or structural framing problems. (Lesser drywall problems such as nail pops and tape cracks can easily be addressed the next time you paint the interior of the home.)

If doors are sticking shut, they may have been installed incorrectly. In the case of bathroom or kitchen doors, if the tops and bottoms were not painted, moisture may be causing the wood to expand.

Check for flooring issues such as tile cracks; uneven wood floorboards or widening cracks between boards; water stains in carpeting or other flooring at the base of windows, doors, or showers; and discolored or curling linoleum. Some of these problems could result from water infiltrating through cracks in the foundation.

Look for water stains under kitchen sinks.

An inability to control heat and air conditioning in rooms may indicate problems with your HVAC system.

Check to see if any electrical plugs or switches do not work.

Holding the Responsible Accountable

The result of construction negligence is the widespread incidents of serious building code and shoddy workmanship. Houses leak, foundations crack, and building materials fail. Also, contaminated materials can make homeowners and their families sick. The usual scenario is that general contractors, subcontractors, and component manufacturers refuse to assume responsibility for these problems.

If they do respond, they frequently propose “Band-Aid” repairs that are neither durable nor return the property to the quality for which the buyer bargained. So-called “warranties” provide little relief or protection and homeowners are left with huge bills to remediate these deficiencies. It also requires navigating a web of contractor/subcontractor relationships, insurance policies, and bond policies to get the recovery you need to fix your home.

We Can Help You

Serving cities all over the Carolinas like; Charlotte, Hickory, Greenville, Columbia, Rock Hill, and your community.

The Law Offices of Jason E. Taylor has successfully represented homeowners in their disputes with builders, subcontractors, manufacturers, and other parties. For example, we have handled individual and class action lawsuits against manufacturers of defective products such as exterior insulation finish systems (EIFS), commonly known as synthetic stucco.

We have represented the owners of commercial structures such as hotels and office buildings in their claims against general contractors. Our North & South Carolina civil litigation lawyers are also experienced in representing condominium associations in construction defect cases.

120 3rd St NE
Hickory, NC 28601

Teléfono (828) 327-9004
Número gratuito: (800) 351-3008

130 Church St NE
Concord, NC 28025

Teléfono: (704) 787-9419
Número gratuito: (800) 351-3008

301 S McDowell St #1016
Charlotte, NC 28204

Teléfono: (704) 676-1093
Número gratuito: (800) 351-3008

1348 Ebenezer Rd #103
Rock Hill, SC 29732

Teléfono: (803) 980-5300
Número gratuito: (800) 351-3008

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Noticias de nuestro blog

Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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