A general contractor can be surprised by a construction defect claim years after work on a project has been completed, leaving them with few ways to defend themselves against accusations and lawsuits. For this reason, it’s important to familiarize yourself with all aspects of construction defects and relevant laws. Fortunately, you’re not alone in this endeavor.
In this two-part article, the Ft. Myers construction lawyers at Cotney Construction Law will be discussing what a construction defect is and how to better prevent their occurrence. If you are ever in need of representation following a construction defect claim, please consult with a Ft. Myers construction attorney to ensure that your rights are protected.
What is a Construction Defect?
Generally, a construction defect is an imperfection that leads to the failure of a building component. This imperfection can occur due to either faulty design, improper installation, subpar materials, or any combination of the three. It’s important to note that issues caused by a lack of maintenance and upkeep are not considered construction defects.
Kinds of Defects
A defect can be as small as a door or window that is difficult to open, or it can be so massive as to threaten the stability of a structure. A defect can make itself known during early inspections, or it can remain hidden for years. Construction defects commonly result in water leaks, heating and cooling issues, uneven flooring, cracks in concrete, and drywall stains.
Construction defects can also occur due to poor design or materials. Poor design may include a critical error or exclude information that is necessary for a project’s success. These are issues that may be a simple on-site fix or may require a complete redesign.
What Happens After a Construction Defect Is Found?
Because there are so many hands involved at any stage of a construction project, construction defect claims often lead to entangled legal disputes. While states like Florida do have “right to repair” laws to protect contractors, they in no way guarantee that litigation can be avoided. If you’ve been caught off guard by a lawsuit following the discovery of a construction defect, you should partner with our Ft. Myers construction attorneys to properly defend yourself against these accusations.
If you’d like to read more on construction defects and how to prevent them, please read part two.
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.