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When the Dust Settles: Post-Construction Defects and What Homeowners Should Do Next

Andrew Barna
July 29, 2025

You’ve moved into your new home or condo, everything looks great—until it doesn’t. Perhaps you notice a musty smell, cracks forming in the ceiling, or floors starting to buckle. Construction defects don’t always appear right away. In fact, many become visible months or even years after a project is “finished.”

At Barna Law LLLC, we help homeowners understand their rights when post-construction problems come to light. If you’re dealing with defects in a recently built or renovated property in Hawai‘i, here’s what you need to know.

Post-Construction Doesn’t Mean Post-Warranty

Many homeowners believe that once the builder hands over the keys, the legal protections end. Not true. In Hawai‘i, various warranties and statutes of limitation protect homeowners for a period of time depending on the type of defect and who is responsible.

For example:

  • Claims for latent defects (those not obvious at the time of completion) may remain actionable for several years
  • General contractors and developers may remain liable for breaches of warranty or building code violations well after move-in

Common Post-Construction Defects

  • Tile cracks and flooring movement
  • Roof leaks after rainstorms or wind events
  • HVAC malfunctions or poor ductwork installation
  • Drainage failures causing water pooling or erosion
  • Exterior paint or stucco failure from improper prep or product selection

These issues may not show up in early walkthroughs but can quickly reduce a property’s value and habitability.

Don’t Wait—Document and Act

  1. Take photos and videos when issues emerge
  2. Keep maintenance records and repair invoices
  3. Request a copy of all construction documents, including warranties and subcontractor information
  4. Contact a construction attorney to help assess the situation

The longer you wait, the more likely your legal options will narrow due to time limits under Hawai‘i law.

You May Have More Rights Than You Think

Many homeowners assume that problems must be catastrophic to warrant legal action—but persistent water intrusion, electrical issues, or code violations may justify a claim. Our firm evaluates claims with care and works to hold responsible parties accountable through negotiation, mediation, or litigation when necessary.

If your home in Hawai‘i is showing signs of unexpected problems, don’t ignore them. Contact Barna Law LLLC to discuss your legal options. The sooner you act, the better protected you’ll be.