A single mistake in the construction process can lead to a construction defect claim years down the line. This claim can cripple an otherwise flourishing construction company. The worst part? This construction company may not have even been responsible for the defect.
In part one, we discussed why determining liability for a construction defect is a complex task that doesn’t always place liability on the party that caused the defect. Below, we will discuss how contractors can best protect themselves against baseless defect claims. Don’t foot the bill for a construction defect claim that you did not create. Instead, partner with an experienced and aggressive Ft. Myers construction defect attorney from Cotney Construction Law.
Outside of having an ironclad contract, you should create a quality control program for your construction projects. This type of program consists of a committee of invested parties that work together to review plans, site conditions, and the quality of workmanship. Inspections are then carried out by contractors and subcontractors in a collaborative effort. While these parties have their own best interests in mind, employing a quality control program benefits everyone by mitigating the risk of a construction defect.
Work with a Professional to Review, Draft, and Negotiate Your Contracts
As discussed in part one, the contract will assign liability in the event of a construction defect. A well-defined contract will clearly assign accountability and leave little question as to who will be responsible for patent and latent construction defects. However, not all contracts are created equally. Every other party in the construction process will fight for a contract that best protects their interests and shifts the blame for a defect to another party.
For this reason, you should be on the lookout for any language or provisions that can shift the blame to you. Whether you are a contractor, subcontractor, or material provider, the only way to ensure that you are protected from vaguely worded contract provisions and baseless defect claims is to work with a Ft. Myers construction defect lawyer.
A Dedicated Team of Attorneys
At Cotney Construction Law, we are dedicated solely to the construction industry, allowing us to focus on the areas of law that best aid construction companies and contractors. To have your contracts drafted, reviewed, and negotiated by a Ft. Myers construction defect lawyer, partner with the experienced team of attorneys at Cotney Construction Law.
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.