Construction projects large and small are susceptible to construction defects. The root cause of a defect may not always be immediately known but they are typically caused by a deviation from project plans, poor workmanship, or the use or application of inadequate materials. Performance challenges and cost increases are a constant threat, which is why our Miami construction litigation attorneys urge construction professionals to manage construction defects proactively. This last section of our series will focus on ways to minimize defects. If you have not already, read part one and two to learn more.
Factors That Increase Defect Challenges
Since many defects are discovered long after a project has been completed, a risk management plan is essential. Factors that may increase defect challenges may include a complex litigation due to the number of defendants, insurance policies, and statutes of repose, as well as varying legal interpretations for general liability policies. Additional challenges could also include the extent of the damage, the number of defendants involved, and whether property damage or bodily injury occurred.
If you receive a notice of a defect, it is important that you understand Florida’s Statute of Repose and Statute of Limitations. Do not hesitate to consult with a Miami construction litigation attorney to properly defend yourself against a defect claim.
Tips for Minimizing Defects
A potential litigation should be a major consideration during construction; effort should be made to avoid one at all costs. If a defect reaches litigation, it could spell financial disaster for a contractor. Construction professionals who perform due diligence will be more successful in minimizing and even eliminating defects.
Stay Abreast of Building Codes and Standards
All construction adheres to local, state, or federal building code standards. Building codes are regulations designed to govern the design, construction, repair, and alteration of every type of structure. Building codes are integral to the safety of those who will occupy/use the completed structure, which is why it is highly recommended that you consult your local building code department before beginning any project to ensure your construction is up to code.
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.