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The Cahall Law Firm PLLC Cahall Law Firm
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Common Construction Defects

ConstructionDispute

In an ideal world, houses and other buildings would be built perfectly, without any issues. However, this is hardly ever the case. Even the most experienced contractor can come across jobs that have some sort of issues or even defects.

Sometimes these deficiencies are the contractor’s fault, but in some cases, the defects can occur before or after construction. Because of this, when a defect does occur, it can be tricky to know who to blame.

Design defects are caused by architects or engineers. These defects occur in the design of a building and may include flaws in roof designs that result in water penetration. Poor drainage and inadequate structural support are a couple other common examples.

Material defects refer to defective or damaged building materials. Examples include inferior products that do not last as long as intended or window frames that become bent during delivery and do not allow for proper installation, causing water intrusion to occur.

Construction defects occur during the construction process by the contractor. They are often caused by poor quality workmanship, such as improper plumbing work that causes leaks or damage to electrical wires in a wall.

Operational defects are caused by the owner’s poor operation or lack of maintenance. An example would be turning the air conditioning on in the winter, causing the pipes to freeze.

Handling Construction Defects

Dealing with construction defects takes time and requires multiple approaches. Here’s what you need to do:

  • Identify the defects. Conduct a thorough inspection of the construction project to identify any defects. This can include cracks, water leaks, faulty electrical wiring, and poor workmanship.
  • Gather evidence. Take detailed photographs and notes of the defects. Document the location, nature, and extent of each issue.
  • Review the contract and warranty. Look for clauses related to defects, workmanship standards, and the contractor’s obligations to rectify issues. Ensure that the defect is within the warranty period provided by the builder.
  • Report the defects. Inform the contractor or builder about the defects in writing. Provide detailed documentation and request repairs. Keep records of all communications and follow up regularly to ensure your complaint is being addressed.
  • Negotiate and resolve. Work with the contractor to negotiate a timeline and method for repairs.
  • Escalate if necessary. If the contractor is unresponsive or refuses to fix the defects, escalate the issue with relevant regulatory authorities or construction boards. As a last resort, consider legal action.

Contact a Breach of Contract Lawyer Today

Construction defects can happen in a number of ways, so there is often disagreement over who is at fault and what should be done to remedy the situation.

If you are in this situation, seek legal help from a Bradenton breach of contract dispute lawyer from Cahall Law Firm. These cases can be complicated, but we can assess your case and help you understand the best course of action. Schedule a free consultation today by calling (941) 281-2019 or filling out the online form.

Source:

travelers.com/resources/business-industries/construction/types-of-construction-defects

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