This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Iowa Complaint for Defective Home Construction, Defective Design
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US-CMP-10002
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
An action arising from or related to: residential construction: 10 years; any other kind of improvement to real property: 8 years after the date on which the act or omission of the defendant alleged to have been the cause of the injury or death.
The first type of law is a statute of limitations. A statute of limitations begins on the date the injury is discovered. The statute of limitations in Iowa for oral contracts and property damage is five years. The limitations period for lawsuits based on written contracts is ten years.
686.3 Notice and opportunity to repair. Prior to commencing an action alleging a construction defect, the claimant shall, at least one hundred twenty days before filing an action, serve written notice of claim on the general contractor and subcontractor.
The implied warranty of workmanlike construction addresses the inequities between the buyer and the builder-vendor by requiring that a building be constructed ?in a reasonably good and workmanlike manner and . . . be reasonably fit for the intended purpose.? Kirk v. Ridgway, 373 N.W. 2d 491, 492 (Iowa 1985).
The implied warranty of workmanlike quality requires that the work be performed in a workmanlike manner, in ance with accepted standards, with the customary standard of skill and care.
Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 10 years. Pricing based on low flat rates per home. Builder liability in the Iowa CSW program is limited to 1 year only.
Iowa has a two-year general statute of limitations for injuries to persons, "whether based on contract or tort." Iowa Code § 614.1(2). Actions based "on unwritten contracts, . . . injuries to property, or . . . fraud" are subject to a five-year limitations period.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.