Given the abundance of residential and commercial buildings being built and remodeled across the nation, construction professionals must stay aware of potential defects that occur during the design or building phase of a project. Once a defect is found, contractors, subcontractors, architects, or engineers must be careful about how they proceed with remedying the defect or else they could be dealing with a spoliation claim. Read this section and part two to learn about construction defects and spoliation of evidence.
Construction defects cause a lot of problems from injuries to workers and civilians to costly repair work. When it comes to liability, it depends on the phase of the project that the defect occurred. Connecting with a Naples construction lawyer who is skilled in handling construction defect cases is highly recommended. There are four types of construction defects. They include design deficiencies, construction deficiencies, material deficiencies, and operation/maintenance related deficiencies.
Ignore or Fix the Mistake?
Discovering a defect can put contractors in a tricky situation. If you discover a defect yourself, it can be a tough decision deciding whether to fix or ignore it. Although you should never ignore a defect, if you do, you could be held liable for damages. However, even if you fix the repairs in good faith, you could still find yourself facing a spoliation claim. Spoliation is intentionally or negligently withholding, hiding, altering, or destroying evidence or documents that are relevant to a litigation.
A Duty to Preserve
Our Naples construction lawyers understand the potentiality of defects occurring during a construction project. If you are cognizant of a potential litigation, you must ensure that relevant documentation and evidence is preserved for examination by the court. When there is a duty to preserve evidence, courts will seek to determine if evidence was destroyed intentionally and will also verify whether proper notice was given to key parties before destroying the evidence. If evidence is not preserved as requested, contractors or other responsible parties risk being penalized by the courts.
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.