Construction defects are not always immediately apparent. While some defects can be easily noticed, others may take months or even years to come to light. No matter when they are discovered, construction defects can lead to expensive court litigation on all sides.
We’ve previously written about the three types of product defects that most often lead to class-action lawsuits. Construction defects are notably different. Since construction projects are handled on an individual basis, lawsuits happen on a case-by-case basis as well. Here are the three different types of construction defects that could all lead to a lawsuit:
The design of a project is as important to its success as the actual construction of it. Design Defects come when a project has inaccurate or incomplete designs. With these issues, the construction team often did accurately follow the designs provided. The designs themselves were simply flawed.
Design Defects often come involve issues with the mechanical aspect of a project, such as plumbing and electrical. Almost all construction contracts include the phrase “per plans and specifications.” When the construction team does deliver the project per the exact plans and specifications set form, any potential defects are often Design Defects.
Material Defects are caused by the quality of the actual physical materials used to construct the project. These are often not realized until it is too late. Common examples of Material Defects include roof shingles that deteriorate quickly, window seals that leak air inside, or concrete slabs that start to crack and flake off. Since construction materials are purchased in bulk, several Material Defects may be discovered at once.
Workmanship Defects result from inadequate execution of a project. This is the opposite scenario of a Design Defect. A Workmanship Defect comes when a project is correctly designed but incorrectly constructed by the construction team. Workmanship Defects could be caused by a failure to follow the design, poor training or communication, or a rushed project timeline or hostile work environment.
When You Notice a Defect
Construction defects aren’t just an issue of getting what you paid for – they’re an issue of safety. At Capshaw & Associates, we’ve been in the courtroom on both sides of construction dispute lawsuits. We know how important it is for people to be able to live and work safely, and how important a construction team’s reputation is to them. If you are dealing with a construction defect case, contact Capshaw & Associates today! We are here to help!