There are many types of construction defects; some latent, others patent. Defects can occur at any point in the construction timeline, but in many cases, they wait until after a project has been completed to present themselves. This could occur weeks, months, or even years after a project has been wrapped up. Because of this, contractors are often caught off-guard when they receive a notice claiming that they contributed defective work to a project. By the time you receive such a notice, your recollection of the specifics of project may already be fading.
In this brief article, a construction lawyer in Franklin, TN, discusses four common construction deficiencies that can lead a defective work claim. If you’ve been accused of defective work, the lawyers at Cotney Construction Law can provide you with top-tier legal services to defend your business. Keep in mind that in many cases, even when defective work is traced back to a subcontractor, the general contractor is ultimately responsible for footing the bill. This is one of the many reasons why you should consult a construction attorney in Franklin, TN, whenever a defective work claim is aimed at your business.
1. Design Deficiencies
While architects and engineers are assumed to be professionals in their respective fields, things don’t always go according to plan once construction begins. When a design is faulty to begin with, you can rest assured that defects are on the horizon. One example of a design defect is a roof that allows water penetration or intrusion. It could also relate to issues with drainage or structural support. Although these types of defects can be clearly traced back to a design professional, they will likely have indemnity unless you contract stipulates otherwise. Consult a construction lawyer in Franklin, TN, for contract review, drafting, and negotiation services.
2. Material Deficiencies
Inferior or subpar building materials can lead to a broad range of problems down the line. For example, leaky windows, doors that don’t seal, low grade shingles, and deteriorating flashing are all examples of defects that occur because poor materials were utilized. Wet areas are exceedingly prone to material deficiencies, which is why many of these defects are spotted on the exterior of a structure or in areas like bathrooms and laundry rooms.
3. Construction Deficiencies
Let’s face it, if your team performs low-quality work, there’s a greater chance of a defect occurring. When individuals neglect to observe building codes and ordinances, it can lead to cracked foundations, warped walls, dry rotting of wood, electrical hazards, leaky plumbing, and a myriad of other issues. Always commit yourself fully to each and every project; otherwise, you could be targeted with a defective work claim.
4. Subsurface Deficiencies
Sometimes, the land you build on disagrees with the project you built on it. Expansive soil conditions can compromise the structural integrity of both residential and commercial structures, lead to cracked foundations or floor slabs. Compaction is vital if you want to permit adequate drainage throughout the project timeline and avoid shifting, flooding, and other subsurface issues.
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.