Whether you are building a home or remodeling one, the entire process can be a long and complex. In some cases, this could require several workers, such as contractors and subcontractors, and various types of materials. For some construction projects, specific materials are required. If a builder fails to provide this material, this could greatly reduce the value of the home. Moreover, if the material used is defective, this could result in a serious construction dispute.
What are common types of construction defects? Defects often resulting in construction litigation include mold, water issues, electrical system problems, landscaping and soil issues, faulty drainage on the property, cracks in the foundation, floor, wall and roof, dry rot, structural failure and heating and electrical problems.
There are various reasons why defects occur in a construction project, such as poor workmanship or using inferior material; however, many construction defects arise from a combination of factors. This includes factors such as improper soil analysis and preparation, site selection and planning issues, civil and structural engineering problems, negligent construction or defective building materials.
How are construction defects proven? This depends on the type of defect. If the defect is obvious, this is called patent. Hidden defects or ones that do not become apparent until years after the construction project is complete are called latent. An action for construction defects often relies on the testimony of experts. These experts specialize in specific areas of construction, investigating the defect and evaluating the cause. Additionally, these experts could make recommendations for ways to remedy the defects.
If losses incur due to construction defects, it might be possible to seek damages. Construction litigation could help recover any losses, holding any responsible party liable for the construction defects they caused.
Source: Realestate.findlaw.com, "Construction Defect FAQs," accessed Aug. 21, 2016