Liability for Four Types of Construction Defects

There are few issues more frustrating in life than finding defects in a home or business property that you have invested substantial sums of money into. When you’ve done your due diligence and hired inspectors and the problem is not revealed until after closing, you can feel like you’re trapped in a money pit.

However, you may have a number of options for seeking legal relief for defects in building construction if you understand how to fulfill the requirements. Construction defect claims can be extremely complex and involve multiple parties, so it is very helpful to work with an attorney who focuses on these issues and understands how to achieve the best results in your particular circumstances. For instance, at Ver Ploeg & Marino, our team understands how to follow the detailed notice and response procedures required before a claim for construction defects can be filed in Florida and other states.

While it is important to discuss your claim with an attorney before taking action, it is helpful to have background information so that you are familiar with some of the issues that can arise. Here, we take a look at different types of construction defects and how liability may be assessed for these defects.

Deficiencies in the Design

All building projects start with a design. While it is best to have an experienced architect and engineer collaborate to prepare a detailed plan, sometimes, particularly on home projects, a contractor will work with only a loose concept and simple drawings.

Even when a design is laid out in great detail and prepared by a professional team, the design can still contain inherent flaws that will cause problems. Unfortunately, many times the problems take time to manifest, and that can make it more challenging to recover compensation for the damage caused by the faulty design and the expense needed to correct it.

Sometimes the person who drew up the design failed to take key circumstances into consideration, such as the propensity for flooding in the area. Sometimes, architects get creative and try untested methods to provide support or accomplish other objectives.

When a design is faulty for one reason or another, problems will arise even if the contractor builds flawlessly, so design defects can be extremely costly to amend, and the results can leave the property owner dissatisfied with the end result.

Faulty Materials

A contractor can follow instructions to the letter, and the designs may be quite solid, but if there is a defect in any of the materials used in construction, the end result will be flawed. Sometimes, a contractor can look at materials and discern obvious flaws. For instance, they might notice warped boards in the lumber delivered for framing. In some instances, the contractor can take steps to reinforce the wood and essentially correct the issue. 

But if the contractor doesn’t notice the problem, or the contractor has instructed workers to use warped lumber without taking corrective action, then the contractor could potentially be liable for the defect in materials even if the contractor did not personally select, purchase, or prepare the lumber. The company that sold the defective material could also be held liable, as well as the company that produced the flawed materials. Investigating the cause of a defect in materials requires an in-depth effort to understand what went wrong and who can be held responsible.

Poor Workmanship

Many times, construction defects are caused by the use of workers or subcontractors who do not understand how to do their job properly. Other times, workmanship is less than it should be because workers were in a rush to meet unrealistic deadlines or just anxious to finish a project to get to something in their personal life.

When you hire a contractor, you expect that work will be performed up to reasonable standards. When shoddy execution is the problem, then the contractor can be held liable even if the action was committed by a subcontractor. Those at the top are responsible for the work done by those they hire.

Deficiencies in the Subsurface

A house or business built on shifting sand can cause huge problems. The person who created your designs or the engineer who reviewed the plans should have carried out appropriate surveys so that the plans could include provisions to make the structure stable. When those responsible failed to conduct a survey or ignored the results, they can be held liable for the issues that result from subsurface deficiencies.

Knowing the Type of Defect is Just the Start

While you may look at a defect and determine who is responsible, that person or company may not be the one you have to deal with when filing a claim for recovery. Most businesses are covered by some form of risk management insurance, and contractors, suppliers, and others involved in the construction of your project will expect their insurance company to handle the claim. A construction defect can become a complex insurance matter very quickly.

In addition to policy coverage issues, it will be important to sort out the indemnification clauses that apply in the situation. The true “villain” in the dispute may not be a contractor who performed poor work or a manufacturer who sent defective materials. It could be the insurance company that insists on denying liability for any number of complex reasons.

Work with a Legal Team That Understands Insurance Recovery as Well as Construction Defects

With the integrity of a building at stake and considerable funds required to address the construction defects, you can’t afford to waste time. Talk to the team at Ver Ploeg & Marino about the ways we can help you recover the costs involved so you can move forward. While we understand the insurance industry very well, we never represent insurance companies. We fight for owners, developers, builders, general contractors, engineers, and others mired in insurance disputes over construction defects. Our team is based in Florida, but we assist clients all over the nation. To get started, call us at 305-577-3996 or contact us online.

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