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How to Avoid Construction Defect Claims

A construction defect, whether residential or commercial, means there’s defective, faulty, or delayed construction resulting from improper installation, incorrect design, product failure or inadequate materials, use and subsequent failure. A defect can also involve complaints about alterations, additions, or repairs to new or existing structures.

Quality control plays a huge role in the prevention of defect claims and is vital to the success of your projects. Management should conduct pre-construction and ongoing meetings to discuss the goals and expectations for all parties involved. Following is a list of ways you can be proactive about managing the risk of defect claims.

1. Choose the Right Subcontractors

Being highly selective about who you hire can be a safeguard against defect claims. Skilled and experienced workers produce quality work. Pre-qualify your subcontractors by checking their credentials and certifications against your own predefined requirements. A Tampa construction lawyer can assist you with subcontractor-contractor agreements. In addition to recruiting top subcontractors, you want keep the right subcontractors by providing continuous training and development opportunities to your employees.

2. Know Your Products

It is imperative that all products, materials, and equipment are properly selected and inspected according to design specifications. Be aware of manufacturer guidelines, product warranties, and product compatibilities with the systems you have in place. Be sure employees follow installation instructions and get clarity when needed.

3. Document Everything

Construction defects can be challenging. For a smoother process, implement a documentation system. Some examples of these documents are: logs, contracts, forms, purchase orders, training guides, design specifications, and more. Photos and videos are also a great way to document the testing you’ve conducted or your completed work. Make it a mandatory practice to document and retain everything to defend yourself against possible claims.

4. Get Legal Help

Legal counsel is invaluable in the prevention of defect claims and in limiting your obligations as a result of a claim. When in doubt, contact our Tampa construction attorneys for guidance and to help you maintain the reputation you’ve worked so hard for.

To speak with one of our Tampa construction lawyers, please contact our office at 813.579.3278 or submit our contact request form.

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.

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