A construction defect happens when there is a condition in a home that reduces the value. Sometimes the defects are plainly visible, like water seepage. These defects are called “patent.” However, sometimes a construction defect is less obvious, and is not discovered for years, typically referred to as “latent” defects. Construction defects are very important for contractors to be aware of. Taking the legal advice of an Orlando construction lawyer is highly recommended when it comes to construction defects. Construction lawyers have the skills and experience to defend contractors during these cases.
1. What Causes A Construction Defect?
There are numerous factors that can cause a construction defect. They can be caused by a single factor, or a combination of a few different factors like:
- Poor workmanship
- Improper preparation
- Defective materials
- Site selection and planning
2. What Are A Few Of The Common Types Of Construction Defects?
Some of the more common types of construction defects are:
- Water and plumbing issues
- Landscaping and soil
- Improper drainage
- Mold/dry rot
- Foundation issues (i.e. floor, wall, and roof cracks)
- Heating and electrical
- Electrical systems
3. Can Any Damages Be Recovered?
Depending on facts and circumstances in the case, general cost of repairs and the decline in the value of the home may be recovered in the form of damages. In some cases, the loss of the use of property during the repair, costs of temporary housing, court fees, attorney costs, and personal injuries may all be recovered.
4. How Is The Construction Defect Proved In Court?
A construction defect usually relies on the testimony of experts that specialize in the specific construction area. The experts will investigate the patent or latent defect, and make recommendations on how to remedy them.
5. Who Is Responsible For Construction Defects?
Generally, the responsibility for a construction defect will lay with the general contractors, builders, and developers, even if the work was actually performed by subcontractors or the defective materials were produced by a different company. All general contractors, builders, and developers should have a relationship with Orlando construction attorneys to help defend them against construction defects.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.