When a construction company or a general contractor is facing defect claims, it’s important to identify the specific type of defect that is being alleged. This can have a major impact on the type of evidence that is needed to show that there is a real defect and that it did cause financial harm. Businesses are often looking into their defense options, and that starts with addressing the specific defect in the case.
Individual defects can range across a wide variety of issues, but there are four main categories noted below:
1. Subsurface defects
For one thing, there can be issues with the physical real estate where a home or commercial property was constructed. For instance, a builder could be accused of not properly addressing a steep hillside or loose soil, causing the building to settle quickly and sustain damage.
2. Design defects
Next, there could be a defect with the actual design of the building. This may not even be the contractor’s fault but could instead fall upon the architect.
3. Product and material defects
Even when the construction company properly installs different products and materials—flooring, drywall, cabinets, plumbing systems, etc.—there could be alleged defects with the materials themselves. If these substandard and flawed materials are used, it could cause serious issues within the final product.
4. Construction defects
Finally, there can be allegations of defects during the construction process itself. One common example is inferior workmanship, where the quality just isn’t up to the standard that the client expected. There could also be issues with construction oversight, such as failing to put proper ventilation in the roof, leading to decay, rot, mold and other such issues in the future.
For general contractors and construction company owners, identifying the defect is just the first step. They also need to ensure that they know exactly what legal options they have to navigate a dispute.
