Contractors find themselves the target of defect claims even when they do everything in their power to execute the work properly. As long as humans are involved in constructing buildings, errors are bound to happen. If you find yourself facing litigation due to an alleged defect, you will benefit from the defense of an experienced Miami construction attorney.
In the meantime, we are providing you with helpful tips for managing the risks associated with defects. In part one, we shared two types of defects. We will share the final two in this section and we will discuss who is responsible for defects. In part three, you can learn about the factors that make defects challenging and how to minimize defects. The final section will wrap up our conversation.
Construction defects are usually the result of poor workmanship done by contractors that are inexperienced, untrained, or one who simply failed to perform work in accordance with the project plans, the building codes, or installation instructions. A range of damage can occur from poor quality work. An example would be cracks in the walls, poorly wired systems, or plumbing leaks due to improper plumbing work.
In our last article, we categorized defects and shared with you three categories. Maintenance defects are the fourth type. When an owner fails to maintain a structure or system properly, it can lead to more damage and costly repairs. An example of this would be failing to maintain sealant on the exterior of the building, which could lead to water leaking inside the structure.
Who is Responsible for a Defect?
The alarming issue is the realization that many defects may not manifest until much later after the project has been completed. The party responsible for an alleged defect will vary from project to project. However, the typical targets in construction defect claims are contractors, subcontractors, design professionals, architects, engineers, and material suppliers and manufacturers. The construction contract defines the contractor’s obligation which will therefore provide the basis of liability if the contractor fails to meet those obligations. A contractor can also be held liable for damage caused by a subcontractor. Likewise, engineers are held liable for the faulty design and physical integrity of a structure.
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.