A legal remedy is available to you in the form of a construction defect claim against the developer. The developer is primarily responsible for the construction defects you are experiencing. The developer's insurance company will usually provide coverage for most of the defects and resultant damage. The sub-contractors and their insurance carriers may also be brought into the case. Many homeowners are under the impression that if the builder has declared bankruptcy or is no longer in business, they are without a remedy. This is typically not the case if the builder carried liability insurance. Usually, the claimant can have the bankruptcy set aside and can collect any judgment or settlement from the available insurance of the builder. The subcontractors and their insurance carriers are also a viable source of recovery, often times regardless of whether they are still in business or have declared bankruptcy.


