Understanding construction defect claims

On Behalf of | Dec 6, 2023 | Construction Law |

Construction defect claims can lead to costly legal ramifications and a negative perception in the community.

Much is made of the types of defects that frequently arise. These include leaks, problems with seals on doors and windows, issues with the structure, mold, electrical problems and using poor-quality materials. From the beginning, the construction company should be fully up to date on precisely what constitutes a construction defect and how legal claims can be pursued if the sides cannot come to an agreement – financially or with repairs – to rectify the flaws.

Construction defects come in many forms

The simplest cause of construction defects is if there are defects with the materials, components or products the contractor used when doing the work. Perhaps sealants that are meant to keep out dampness and cold were insufficient. The way in which a roof was installed could leave the property vulnerable to leaks. Often, these are relatively easy repairs that can be done without significant dispute. However, if there is substantial damage or the claim goes beyond what the contractor thinks is reasonable, then there could be an extensive legal battle.

The building codes are fundamental when constructing or remodeling a property. When there is a material violation, a legal claim can be filed against the entity that committed it. With that, it is essential that contractors are cognizant of the building codes and get the proper permits and take the other necessary steps to make sure the work is legal. If there is a violation that can negatively impact the building or harm others, then there could be a claim based on this law.

In short, contractors are expected to adhere to the relevant statutes, use sufficient materials and behave in a professional manner. When there are claims that construction defects or code violations have taken place, it is important to know how to answer and address these cases effectively to avoid long-term problems for the business.

Contractors need legal protection

There are times when construction defect claims are legitimate and they must be handled quickly and efficiently. In other instances, the property owner is making frivolous claims that the contractor investigated according to the law and were unfounded. The law can sometimes be confusing for people who are trying to do the best job they can based on the requests and parameters laid out by the property owner. Some disputes can be negotiated and settled without needing to go to court. Others are more contentious. To be shielded from long-term challenges due to construction defects, it is useful to be full versed in the law and know what alternatives are available.