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What happens after a contractor’s construction defect inspection?

On Behalf of | Nov 21, 2022 | Construction Defects

Whether it is a commercial or residential project, both the owner and the contractor will want construction projects completed on time and according to the plan. However, problems are inevitable. In some instances, they are relatively easy to solve. In others, they are more complex.

One persistent challenge in construction involves allegations of construction defects.

This type of issue is often viewed from the perspective of the property owner. It is important to remember that the contractor also has rights.

Since repairs and extensive rebuilds can be time-consuming and expensive, it is wise to understand what contractors are obligated to do under the law after being told of a defect.

Inspections, time constraints and options

According to state law, the property owner can allow the construction company to inspect the premises after alleging defects. After the inspection, there will be 14 days for the construction professional to give a series of options to the complaining party.

There can be an offer to remedy the defect free of charge. There will be a report regarding the depth of the inspection, what was found and its results.

The report must also identify the construction needed to fix the defect and an estimate as to how long it will take. The contractor can offer to make a financial settlement offer that can include purchasing the property itself and paying the owner the costs to relocate among other forms of compensation.

The contractor can also say they will not move forward in repairing the defect. If they decide to take that course or do not comply with the provisions regarding an inspection and finding a solution, the claimant can subsequently move forward with a legal case. The claimant can also reject the offer and bring action in a legal claim.

Contractors should know their legal rights with alleged construction defects

Construction professionals may conduct the inspection and find there is nothing wrong with the work that was done, therefore there is no reason for a repair.

Some contractors may believe the property owner is being unreasonable and there is no legitimate justification for a complaint. In some cases, contractors rebuff attempts to reach a settlement.

Just because a claimant says there are construction defects does not mean they exist. The defect might be minor and the claimant is trying to go beyond an equitable agreement to fix it.

In these cases, it is vital for construction companies to be protected. Having legal guidance throughout the process can be essential in these cases.