Commercial and residential construction is a complex process. There are many moving parts and players involved in construction, as well as a variety of federal, state, and local guidelines that must be followed. Unfortunately, people make mistakes, or there are misunderstandings that lead to legal disputes.
When construction defect disputes happen, they can be costly and time-consuming. All parties to these conflicts usually end up frustrated and suffering financial losses. So, what is a construction defect, and what are the most common types of mistakes found in construction?
What is a Construction Defect?
Just about any condition that reduces the value of a property can be legally categorized as a defect in workmanship, materials, or design. Disputes over defects can escalate quickly as the integrity of the professional may be at risk.
Depending on the state, there are time limits for filing construction defect claims. The party accused of a construction defect must respond to the claim timely and appropriately.
4 Types of Construction Defects
If a construction defect occurs, the property owner may have grounds for legal action against a builder, subcontractor, supplier, designer, or developer. There are generally four categories of construction defects:
1. Construction Deficiencies
Construction deficiencies exist when the property isn’t constructed in a reasonably workmanlike manner, or it doesn’t perform as intended by the purchaser. Some common examples of construction deficiencies include issues with:
- Door and window installation
- Paint and finishes
- Roofing systems
2. Design Deficiencies
Design deficiencies typically involve a failure to adhere to specific codes during construction. An architect might fail to design the plumbing system correctly, and the property ends up with sewage backups. Or they might pitch the roof improperly, leading to water intrusion and toxic mold.
3. Material Deficiencies
Material deficiencies are a problem when inferior or defective products are used in construction. An inexperienced builder may not know how to inspect materials, like trusses or shingles, for defects. Or a supplier might send a shipment of defective products, like bad HVAC units, for installation.
4. Subsurface Deficiencies
When designers or developers are unfamiliar with the local conditions, this creates the risk of subsurface deficiencies. The area may be developed improperly, leading to inadequate drainage and cracked foundations. Left unaddressed, these issues will lead to water intrusion and mold.
Consult With an Experienced Construction Defect Lawyer in Nevada or South Carolina
The Clarkson Law Group, P.C. devotes a significant portion of its practice to construction defect litigation. Our experienced attorneys can help you prove or defend a claim and advise you on the most effective legal strategy. If one of these situations arises, we assist clients with alternative dispute resolution methods to resolve disputes quickly and affordably. When those aren’t effective, we aren’t afraid to take your case to court.
Whether you are a business or property owner facing a construction defect matter, your approach is vital. We recommend contacting us as soon as possible so that we creating a strategy to resolve your situation. We represent clients in Nevada and South Carolina. Please contact us to schedule an initial consultation.