Does damage to common areas qualify as a construction defect?
Yes. If the cracked concrete and asphalt are part of the overall project, such as a building’s foundation, parking areas, garage floors, streets, sidewalks, etc., then it’s considered a construction defect. This also applies to property walls, as well as swimming pool decks and other recreational facilities if they are commonly owned and supported by the homeowners through their homeowners association. Cracking or deterioration of this hardscape usually is the result of ground movement. Common area landscaping that is not correctly planned and installed can be a serious defect.
