Construction defect lawsuits—long a fixture in the building industry—are on the rise, and legal experts believe this trend will continue over the next several years. While construction disputes have always been part of the business, today’s claims are larger, more complex, and more likely to end in high-dollar verdicts than ever before.
Several major forces are driving this surge, including a persistent shortage of skilled labor, the pressure to quickly rebuild after natural disasters, increasingly complex projects, and the rising frequency of “nuclear verdicts.” For construction companies, contractors, architects, engineers, and even material suppliers, understanding the dynamics behind this trend is essential—not only to manage risk, but also to ensure that insurance programs are robust enough to handle a potential claim.
Why Defect Claims Are Increasing
1. Skilled Labor Shortage
The construction industry has been struggling with a shortage of skilled workers for more than a decade, and the gap continues to widen. Recent estimates suggest that the U.S. needs roughly 500,000 additional workers to meet demand.
According to Seyfarth Shaw’s 2025 Commercial Litigation Outlook, 30% to 40% of the construction workforce is made up of immigrants, with a significant portion undocumented. Changes in immigration policy, coupled with the industry’s long-standing difficulty in attracting young workers to the trades, have kept the talent pipeline dangerously thin.
When fewer skilled hands are available, the likelihood of mistakes increases—whether that means improper installation, overlooked details, or substandard workmanship. These mistakes may not be immediately apparent but can turn into serious problems years down the road, eventually forming the basis of costly defect claims.
2. Urgency in Post-Disaster Rebuilding
Natural disasters like hurricanes, wildfires, and floods are another major driver of defect claims. When communities are devastated, the priority is to rebuild as quickly as possible. In some cases, this urgency leads to the loosening or even temporary waiving of certain permitting and inspection requirements.
While well-intentioned, these measures can create conditions where workmanship and design issues slip through the cracks. A roof installed in haste, an electrical system rushed into service, or foundations poured without thorough inspection—all can lead to major defects and disputes years later.
3. More Complex and Higher-Value Projects
In many markets, construction projects are becoming increasingly ambitious. Builders are taking on high-end custom homes worth tens of millions, large-scale medical facilities, intricate infrastructure work, and mixed-use developments with demanding design requirements.
With more complexity comes more potential points of failure—specialized materials, unique engineering challenges, and a greater number of stakeholders involved in decision-making. A small oversight on a $1 million project might be manageable; the same oversight on a $50 million project can become a legal and financial catastrophe.
4. Litigation Dynamics and ‘Nuclear Verdicts’
Plaintiffs’ attorneys are increasingly timing defect lawsuits to be filed just before the statute of limitations runs out—often up to 10 years after project completion. This allows more time for defects to become visible and for damages to accumulate.
The rise of “nuclear verdicts”—jury awards in the multi-million-dollar range—is also changing the calculus. Courts are increasingly awarding massive sums when they find negligence or significant property damage, making construction defect cases more attractive to plaintiffs’ firms.
Examples of Recent Construction Defect Verdicts
- Chester County, PA: A jury awarded $3.3 million to three homeowners who sued their builder for negligence that led to construction defects and water damage.
- Maryland: A condo association secured a $5.6 million award against Ryan Homes for faulty construction.
These verdicts illustrate how defect claims are not just more frequent—they are also becoming far more expensive.
The Insurance Gap: Why Coverage Isn’t Guaranteed
There is no single insurance policy designed specifically to cover construction defects. While various policies may respond depending on the situation, coverage is often limited and highly dependent on the nature of the claim.
- Commercial General Liability (CGL): May provide coverage for defects that result in property damage or bodily injury, usually through the products-completed operations portion of the policy. However, many exclusions may apply.
- Builder’s Risk: Protects a project during construction but typically does not respond once the project is complete—unless the defect is identified and addressed before handover.
- Professional Liability: Covers architects, engineers, and other design professionals for claims related to design errors or professional negligence.
One of the biggest pitfalls: many defects that involve poor workmanship alone—without causing property damage—may not be covered at all. This leaves builders, contractors, and developers facing potentially devastating out-of-pocket costs for both repairs and legal defense.
What Industry Professionals Can Do Now
With litigation pressures mounting, construction professionals can take proactive steps to reduce their risk exposure:
- Tighten Quality Control: Implement formal inspection and sign-off procedures at each phase of construction. Independent third-party inspections can add another layer of protection.
- Vet Subcontractors Thoroughly: Require proof of adequate insurance and ensure subcontractors name you as an additional insured on their policies.
- Document Everything: Keep detailed records of design changes, materials used, inspection results, and client approvals. This documentation can be invaluable in defending against a claim years later.
- Review Insurance Programs Regularly: Work with an experienced insurance advisor to identify coverage gaps, confirm policy terms, and explore endorsements or higher limits where appropriate.
- Plan for the Long Tail: Understand statutes of limitations in your state and recognize that claims can—and often do—surface years after a project is completed.
Final Thoughts
The rise in construction defect litigation is more than just a legal trend—it’s a business reality that can severely impact your bottom line. Between the labor shortage, post-disaster rebuilding pressures, complex projects, and the risk of nuclear verdicts, today’s construction industry is operating in a higher-risk environment than ever before.
For contractors, developers, architects, engineers, and suppliers, taking a proactive approach to quality control, subcontractor management, documentation, and insurance coverage isn’t just smart—it’s essential.
About BGES Group
BGES Group is a leading insurance agency specializing in serving the construction industry. They work with contractors, builders, and developers to design insurance programs that protect against risks like construction defects, jobsite injuries, and property damage.
With extensive experience and strong carrier relationships, BGES Group helps clients in New York, New Jersey, and Connecticut secure the coverage they need—while identifying and closing dangerous gaps that could leave them exposed.
Contact BGES Group – Gary Wallach
📞 Phone: 914-806-5853
📧 Email: bgesgroup@gmail.com
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