Like the Ghost of Christmas Past, construction defects can emerge from out of nowhere and bring haunting visions of how the past can impact our future. Unlike Ebenezer Scrooge, the heartless miser of that tale, contractors can be prepared for such an occasion.
In this article, a Ft. Myers construction defect attorney answers the question “Are construction defects avoidable?” Although defects can make a contractor feel powerless in the face of seemingly inevitable litigation, we’re here to remind contractors that they are never without recourse. For assistance preventing or defending against construction defect claims, our attorneys are standing by.
Preventing the Inevitable
Are construction defects avoidable? In short, no. But their rate of occurrence can be reduced. Even if you account for every single action that you and your workers make, you still can’t account for design or material defects (never proceed with work if you know that there are design errors or substandard materials), not to mention the numerous other parties on any given project who may share responsibility. In order to prevent construction defects, you’ll need to involve all project members and take precautions to protect your company in the event of a defect.
As mentioned previously, construction is all about collaboration. It’s only by coming together that contractors, subcontractors, and suppliers can see a project through to completion. On that note, involving all parties in a quality control program is your best chance of catching potential defects. After all, everyone on a project is invested in its success. Quality control on a jobsite will ensure that the proper materials are being used, construction activities are documented, and delays are spotlighted. This is essential for not only ensuring that your final product is of the highest quality but also preparing your company in the event of a defect claim.
Review Your Contracts
As with all disputes, the construction contract will be the deciding factor in determining how a construction defect claim plays out. While a contract should clearly assign responsibility in the event of a defect, our attorneys find that that’s not always the case. In order to avoid being blamed for a construction defect that you aren’t responsible for, it’s essential that you have your contract reviewed by a Ft. Myers construction defect lawyer for blame-shifting language.
Florida Statute 95.11(3)(c), extends the statute of repose period beyond the previous 10 years in certain circumstances, meaning that you could be held accountable for a construction defect even after a decade. At Cotney Construction Law, we’ve dedicated ourselves to defending contractors against baseless defect claims. If you’ve been accused of a defect, the best thing you can do is act quickly and consult a Ft. Myers construction defect attorney in order to protect your rights and company.
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.