Defects are common in the construction industry, but the majority of these defects are insignificant and have little impact on the safety, structural integrity, or usability of a completed structure. After all, we don’t raise the alarm every time a driveway forms veins or hydrostatic pressure creates minor settlement cracks. That said, not all defects are minor, and significant construction defects can lead to costly legal issues for your business.
In this brief article, an experienced Nashville construction law attorney will discuss three types of defects that can have costly financial implications for contractors, subcontractors, and suppliers. If you have been targeted with a construction defect claim, consult an attorney from our Nashville construction law firm to protect your reputation and assets.
When an architect or other design professional creates an inherently flawed or defective design plan, it can result in significant defects. Typically, design defects are the result of error or omission. Both of these issues can be fixed, but depending on the stage of construction and the cost implications, there may not be a viable option for fixing the problem. When this happens, a construction defect claim may be issued to resolve the damages incurred by the owner as a result of the defective design. If the design defect is the result of omission, it can be remedied through the use of a change order that alters the scope of work to include any additional construction required for successful project completion. An attorney from our Nashville construction law firm can help prove that you were not responsible for this defect as design plans are developed by architects and engineers.
Material defects occur when subpar, defective, or unsuitable building materials are used during the construction process. Oftentimes, a supplier or manufacturer will provide materials to a project only to discover later that the materials were defective. Sometimes, this realization occurs during the project timeline. In other instances, it occurs after a project has been completed. This can lead to a potential nightmare for contractors that must then furnish provisions of labor and materials to complete the project. The entity that ends up paying for these defects will more than likely want to be reimbursed by the supplier or manufacturer of the defective materials, and a Nashville construction law attorney can help.
Last but definitely not least, workmanship defects are the most fear-inducing type of defect for contractors because they indicate that the contractor has failed to perform their job adequately. One example of a scenario involving workmanship defects would be a contractor that fails to follow the design plan when building out the first floor of a three-story hotel. Later, the hotel’s structural integrity is brought into question. Suddenly, it’s time to gauge which party is most at fault. Was it the contractor? One of the subcontractors? A Nashville construction law attorney can help build a case that proves you weren’t liable.
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.