Construction defects can cause a headache for property owners, contractors, and anyone else who is involved in a construction project. These defects can lead to required repairs, safety concerns and disputes.
Construction defect claims
When a construction project does not meet required quality standards, a property owner, builder or contractor may make a claim for the construction defect. Usually, these claims arise when there is a concern about the safety and habitability of the property.
There are several common construction defects that may lead to a claim.
One is a claim for structural defects. This claim involves a defect that affects the stability or structure of the building, like a foundation issue or unstable load-bearing walls, for example.
Water damage can also cause mold, rotting, and other issues that can affect the safety or habitability of the building. Building code violations, defective materials or poor workmanship, and design defects caused by faulty architectural or engineering design can also lead to claims.
Claims may also involve issues that were not observed during an inspection or failure to hire experienced, qualified professionals to do the work.
Potential defenses
The builder or contractor must be given notice of the defect and should be given a reasonable opportunity to fix it. If the builder did not know of the defect, they may use that as a defense to the claim.
It’s important that the construction defect claim is filed timely. If it falls outside of the statute of limitations, the claim may be denied.
