Whether it’s the construction of a new house, high rise, office, store or condo, building a structure requires a design, materials to build with and workmanship to construct it. While these are the three pillars to creating a sound structure, they are also the area where defects could cause the building to figuratively and literally crumble down.
A construction defect could cause a project to fail, cause injuries or damages or result in significant financial losses. Thus, it is important to not only understand what a construction defect is but also what rights you have after suffering losses or injuries due to a construction defect.
What constitutes a construction defect?
A construction defect often refers to a deficiency in the construction process. As stated above, this typically involves the design, materials or workmanship, and that deficiency led to the failure of the structure and caused damage to a person or property.
There are three elements in a construction defect. First, there is a deficiency in the construction process due to poor design, materials or workmanship. Next, the deficiency must lead to the failure of the structure being built. Finally, the failure of the structure must result in damage to a person or property, causing financial damages or otherwise.
The three types explained
As previously stated, there are three major types of construction defects include design, materials and workmanship. With regards to design defects, this is often a result of errors or omissions made by a design professional. An error typically requires a redesign or a replacement of a component part. In contrast, when an omission occurs, it could be remedied by making an addition through a change order.
Material defects refer to damaged or inadequate materials. These are often expensive defects because they are frequently caused by the manufacturer and typically not discovered until after they are incorporated into the project.
Finally, a workmanship defect occurs when a contractor fails to build a structure or a component part of the project in accordance with the construction documents. These defects can range from aesthetic issues to problems with the structural integrity.
When a construction defect occurs, it could negatively impact the project causing delays or halting the project altogether. The financial losses could be significant. In these matters, it is possible to take legal action. This could help with the recovery of compensation to address the damages suffered.