On behalf of Kadish & Associates Law Group posted in Construction Litigation on Thursday, March 7, 2019.
Construction litigation is hard for people who are counting on their project to be done on time. Unfortunately, being done on time doesn’t mean that it is done correctly. You have to be aware of some of the common construction defects that can impact these cases. Because of the seriousness of some of these issues, anyone who has a construction project in progress or planned should know some of the more common ones.
There are two categories that most defects will fall into – latent and patent. A latent defect is one that is concealed and can’t be seen easily. A patent defect is one that is easily seen upon inspection.
There are also many different types of defects, such as aesthetic and structural. These types are the ones that are important because they have to do with how much the defect will impact the usability of the structure. Typically, an aesthetic defect isn’t going to stop you from using the building, but a structural one might.
Another way that these defects are differentiated is the cause of the defect. Errors in workmanship are a huge issue that the contractor should have controlled. Issues with the supplies might not be as noticeable, but contractors should watch for signs that materials aren’t up to par. There is also the issue of defects in designs, which is something that should always be found because building a structure requires appropriate planning.
When there is an issue with the project, the contractor should be amply willing to correct it. Legal action might be necessary when they don’t want to put that work in and try to leave it up to the person who hired them to get things corrected.