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Understanding Construction Defects


As a homeowner or owner of any other property, you may need construction work done at some time. While many contractors do great work, there are some who work with subpar materials or don’t use skilled workers. Some of these construction issues may come about during the design or installation processes.

When defects happen during the construction process of your new home, business, system, or other structure, it can be frustrating. It can also be costly. What recourse do you have? Read on to learn more about the various defects that can occur and what legal options you have to remedy them.

Types of Defects

There are three types of construction defects:

  • Design defects. These defects come about during the planning stage and often involve architects or engineers. The defects affect the design of the building or system and may include poor drainage, flawed roof designs, or inadequate structural support.
  • Material defects. These issues involve defective or damaged building materials. Builders may use inferior products to save money, but these materials often do not last very long. They also do not work as well, causing issues with the home.
  • Construction defects. These defects involve the workmanship and actual construction of the building. These defects may include issues with the plumbing or electrical.
  • Operational and maintenance defects. These defects are caused by the owner and involve a lack of maintenance or poor operation. For example, keeping the temperature too low on an HVAC system during the winter can cause pipes to freeze.

Construction defects may include defective roofing, defective designs and plans, building code violations, toxic mold, thermal and moisture issues, water damage, defective materials, manufacturer defects, contractor negligence, violation of industry standards, structural damage, unstable foundations, landslides, seismic damages, fraud, contractor licensing issues, and a lack of a proper inspection.

What Remedies Do I Have?

You should have a contract from the contractor that outlines the dispute process. The most common remedies are mediation and arbitration. You will likely have to go through these processes first before you can file a lawsuit.

If your contract does not include any remedies, contact a lawyer. Your lawyer can review your case and help you understand your options. You may be able to file a claim with your insurance company or sue the contractor for breach of contract and other issues.

Seek Legal Help

Whether you’re remodeling a building or having a brand-new property built, it’s important that it is built properly. Sometimes contractors cut corners to save time and money, with the result being shoddy work. This subpar work can result in tens or even hundreds of thousands of dollars in damages.

If you’re not happy with the quality of the construction work, seek legal help from Fort Lauderdale real estate litigation lawyer Edward J. Jennings, P.A. You may need to file a lawsuit in order to receive compensation for your damages. Call 954-764-4330 or fill out the online form to schedule a consultation.



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