Olympia Law, PC: Primer on Construction Defects
Olympia Law, PC is a law firm that specializes in business and commercial litigation, real estate, bankruptcy, immigration, and personal injury law. In construction, there are various factors that need to be carefully studied and analyzed in order for a client to have a strong claim against the contractor, developer, architect, designer, or other parties involved in the project. This post is a primer on construction defects.
Understanding the different types of construction defects can help home and building owners determine if the issues they are experiencing with the structure for which they contracted professional construction teams, can be used as a legal basis for filing a case.
Bear in mind that each case is different, and issues may occur under unique circumstances. The information provided here serves as a reference point only. We advise that you contact Olympia Law, PC for a one-on-one and more in-depth legal consultation.
Four General Categories
When a construction defect case is brought before the court, the issues that are stated in the complaint may fall under four general categories. These are: Design Deficiencies, Material Deficiencies, Construction Deficiencies, and Subsurface Deficiencies.
Design Deficiencies usually fall on the shoulders of the professionals involved with the overall design of the structure, which could either be the architect or engineer—or both, depending on the defect and the contract. In most cases, the defects or deficiencies are a result of not following strict building codes or design specifications mentioned in the contract. From the lack of structural integrity to ineffective roof systems, design deficiencies cover a variety of issues.
Material Deficiencies on the other hand, may be the fault of the contractor, subcontractor, or supplier. Inferior materials used for the construction of a home or building can cause several issues to manifest, like poorly functioning windows and doors, and leaks. Materials covered here may include any of the following: flashing, window frames, building paper, waterproofing materials, roofing materials, and drywall.
Construction Deficiencies are typically attributed to poor workmanship. Whether it was poor workmanship by the laborers or subcontractors, the contractor or project manager may be held liable for these as they are responsible for the performance of the workers.
Subsurface Deficiencies covers soil condition, where a solid foundation for the structure was found lacking. Subsurface conditions need to be properly addressed to provide stability to the structure. Issues that could occur here include cracked foundations, flooding, and shift or movement of the structure.
Common issues that manifest because of any of the above deficiencies also include mechanical and electrical issues, thermal and moisture problems, and poor or improper finishing.
If you are experiencing any of these problems with your ongoing construction project, or the problems manifested after the structure has been turned over to you, you are encouraged to get in touch with one of our lawyers at Olympia Law, PC. You can rest assured that we will do our best to provide you with exceptional legal assistance and representation.
For questions or inquiries, please feel free to contact us at your convenience.