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Dealing with Defective Work Claims Part 1

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Construction defects are one of the most common catalysts for disputes in the construction industry. In many cases, construction defects lead to costly and time-consuming litigation. This is because determining the one responsible can be difficult with so many different parties working together on the vast majority of construction projects. 

Defects can present themselves during the construction process or years after project completion. This renders contractors vulnerable to a defective work claim at virtually any time. There are few things in the construction industry that cause a contractor as much unrest as the possibility of a defective work claim materializing out of nowhere. Fortunately, you don’t have to take on defective work claims by yourself. When you partner with a Nashville contractor attorney, you can rest assured that every stone is overturned to prove that you are not the one responsible for the alleged defect.

In this two-part article, the Nashville contractor attorneys at Cotney Construction Law will detail some important information to help contractors deal with defective work claims. Becoming informed about the various types of defects and where your projects are most vulnerable can help you employ preventative measures to help decrease your chances of becoming the target of a claim in the first place. 

Patent and Latent Construction Defects

There are two major categories of construction defects: patent and latent. Patent defects can be easily spotted by the naked eye. For instance, if a faulty pipe burst inside a wall, water may seep through the plasterboard and stain the wall. Since this stain is visible and clearly indicates a problem, the defect is considered patent. 

On the contrary, latent defects don’t readily show themselves and often avoid detection for years. After years of use, the issues plaguing these defective components can compound, resulting in a significant issue that greatly affects the safety, usability, or value of the structure. It’s important to note that the majority of problematic defects are latent. Patent defects tend to be repaired more easily since the problem is nipped in the bud before extensive damage can cause more problems. Regardless of which type of construction defect is detailed in a claim against your business, our Nashville contractor attorneys can present evidence to show that you weren’t the one at fault.

Tracing the Cause of Construction Defects to the Source

Our Nashville contractor attorneys have helped countless clients overcome defective work claims. Along the way, we’ve identified many of the causes of defective work, including:

  • Lackluster project site preparation
  • Subpar quality workmanship
  • Contractor and subcontractor negligence
  • Defective or ill-suited equipment
  • Defective or improper materials
  • Unsuitable project site location

In part two, our Nashville contractor attorneys will continue to discuss how contractors can prevent construction defects and protect themselves when a claim is issued against them.

If you would like to speak with a Nashville contractor attorney, please contact us today.

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.