Construction defects are not only frustrating; they can be costly and complex to resolve. Whether you’re a homeowner, contractor, or developer, understanding the legal implications of construction defects is crucial. From identifying the source of the defect to determining liability, the process of construction defect litigation can involve multiple parties and layers of responsibility. You’ll be better able to understand your construction lawyer’s approach to your claim with these insights from our colleagues at Volpe Law LLC.
What Is A Construction Defect?
A construction defect occurs when a building or structure fails to meet the expected standards of safety, quality, or performance. These defects can arise in various forms, such as:
- Structural issues (e.g., foundation problems)
- Plumbing or electrical failures
- Water intrusion (e.g., leaks or inadequate waterproofing)
- Material defects
- Poor workmanship
The type and severity of the defect determine whether legal action is necessary.
Who’s Liable In Construction Defect Litigation?
Determining liability in construction defect cases depends on the circumstances of the defect and who was involved in the project. Various parties can be held responsible, including:
Contractors And Subcontractors
General contractors and subcontractors are usually the first parties considered liable in construction defect litigation. This is because they are directly responsible for carrying out the construction work, ensuring that it complies with the plans, specifications, and building codes.
If a defect arises from poor workmanship, failure to follow the contract terms, or a lack of compliance with building codes, the contractor or subcontractor may be liable. In many cases, subcontractors are responsible for specific tasks (e.g., plumbing or electrical work), and if the defect arises in one of these areas, the subcontractor may be held accountable.
Architects And Engineers
Design professionals, including architects and engineers, can also be held liable for defects related to faulty design or planning. If the defect results from errors in design, such as improper load-bearing calculations, inadequate drainage plans, or failing to account for environmental factors, architects and engineers may be held responsible.
The contractual agreements between the project owner and the design professionals will dictate the extent of their liability and whether they carry insurance for these types of claims.
Material Suppliers And Manufacturers
In some cases, construction defects arise from defective materials. If the materials used in construction are of poor quality, faulty, or fail prematurely, the supplier or manufacturer may be held liable. This type of claim is especially common in cases involving roofing materials, plumbing systems, or windows that don’t perform as expected.
Liability in this situation depends on whether the supplier or manufacturer sold the defective materials knowingly or whether they had an obligation to inspect or test the products before sale.
Property Owners
Although less common, property owners can be held liable if they contributed to the defect. For instance, if the property owner instructed a contractor to deviate from the plans or to use inferior materials, they may share some responsibility for the defect.
Additionally, property owners may be responsible for certain maintenance-related issues that exacerbate defects or failures. However, this typically arises in the context of ongoing damage rather than initial construction errors.
How To Proceed In Construction Defect Litigation
When a construction defect is discovered, the first step is typically to identify the defect and the responsible parties. If a defect is found, the party affected (homeowner, contractor, developer, etc.) can file a lawsuit or claim against the liable parties. Often, construction contracts will include dispute resolution clauses, which might require arbitration or mediation before going to court.
A skilled construction lawyer can help navigate the complexities of construction defect cases, determine the responsible parties, and pursue the appropriate legal action.
