A construction defect is any physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials or workmanship, and that is not the result of normal aging or wear and tear.
This article will break down the essential aspects of construction defect law, discussing common construction defects, how to prevent them, the legal remedies available in construction defect lawsuits, and vital points you should know about such claims.
What Are the Most Common Construction Defects?
Property owners, managers and residents can encounter several challenges due to improper construction practices. Here are five common examples:
1. Mechanical, Design and Structural Defects
Contractors sometimes rely on unqualified workers to assist with construction tasks. Such persons may lack the skills, training or experience to execute the projects according to the required standards, sometimes causing a series of problems.
For example, improper installation of fixtures may result in property damage and personal injuries. Such situations raise many legal issues, the severity of which depends on the extent and nature of injury, liability and insurance.
2. Electrical Defects
Electrical installations are crucial parts of the construction process. Besides being one of the most expensive projects, electrical systems significantly impact the building’s aesthetics, convenience and safety. An improper electrical installation can cause harm to the residents and visitors of the property. It can also affect energy efficiency and may damage appliances.
3. Water Infiltration
Water infiltration can cause significant problems to a building, cosmetically and structurally. Before you even see evidence of water damage on a ceiling or a floor, there is a high chance irreversible damage has already occurred inside the walls or otherwise out of sight. The typical suspects for such defects are faulty internal plumbing or leakages in the steam pipes.
For example, moisture can become trapped in insulation and eventually cause the roof to cave. Hidden interior wall leaks, meanwhile, are often recognized by their smell. By the time there is an odor, mold has likely formed, and the repair cost has risen considerably.
The legal issues multiply when building occupants are involved. Water-related issues can cause serious respiratory issues, for example, and destroy personal property. It is important to emphasize that water infiltration problems are common around commercial and residential buildings such as condominiums and apartment buildings.
4. Entryway and Window Failures
Entryways should use a flooring system that mitigates the risk of personal injuries and protects the rest of the building against the elements. Therefore, the materials used must prevent slips and falls despite the weather and protect the interior from potential damage from outdoor conditions.
Generally, windows help control the light, air and water that comes into the building and can help improve energy efficiency. However, if windows are not installed properly, they can inconvenience occupants, pose serious safety concerns and cause damage to the property.
5. Material Failures
Using inferior building materials may negatively affect structure quality by causing leakages, sudden ceiling drops and concrete cracks. These issues may make the property unsafe for habitation and cause significant structural instability over the years.
Leaking drainages can also cause toxic molds on the building, making the surroundings unhygienic and off-putting. Using low-quality materials, which makes the structure less durable, will also likely increase the maintenance costs or potentially add to the cost of remedying the issue entirely.
How Do You Prevent Construction Defects and Their Impact?
You can mitigate construction defects constructionally and contractually.
Constructionally
Constructionally, there are standards required to ensure structures are built safely and soundly. For example, contractors must have the qualification and experience in the projects they engage in. Contractors must ensure all workers and subcontractors have the necessary qualifications.
Beyond that, all professionals must comply with the required construction standards to avoid liability. These standards may include architectural and material specifications. Generally, contractors may avoid liability when they meet the needed construction standards. Home improvement contractors must also comply with the state’s guidelines to avoid sanctions.
Contractually
Contractually, there may be multiple players involved in a construction project. These players usually include contractors, subcontractors, designers and suppliers. Contracts should be helpful in clearly assigning accountability and confirming the various responsibilities of each person.
Contracts can work in tandem with the laws regarding federal and state classifications of construction workers, which are also essential when ascertaining liability by helping to determine a worker’s role concerning a given project.
This encourages supervisors and workers to be diligent. It also makes allocations of liability straightforward. Moreover, contracts may contain design specifications to help provide clarity.
What Are the Legal Remedies for Construction Defects?
Depending on the circumstances of each case, plaintiffs may pursue construction defect actions under several theories. Such avenues may include breach of contract or warranty, fraud or misrepresentation, strict liability and negligence. Let us consider each closely:
- Breach of contract: This arises when a party breaches contractual terms, whether implicit or explicit. The unit owner may sue the contractor, claiming damages for failing to perform satisfactorily. With condominiums, individual unit owners have distinct claims from the condo associations.
- Breach of warranty: Developers may set warranties regarding the property’s condition in the purchase documentation. The court may also imply certain warranties depending on generally accepted practices and the relationship between the parties. For example, where the exterior walls break down due to slight rainfall, the court may imply a breach of warranty.
- Strict liability: Strict liability or absolute prohibition is a legal doctrine that imposes liability on the defendant regardless of their intention. In Sheehan v. Weaver (2014), the Supreme Judicial Court of Massachusetts held that owners of buildings used as a prominent place to gather are strictly liable for injuries resulting from building code violations. This means owners of commercial properties may be held responsible for damages caused on their premises, making it crucial to ensure compliance with the relevant building codes.
- Fraud and misrepresentation: This arises when the developer or contractor intentionally makes a false statement of fact to the property owner. For example, contractors may make false representations in adverts or sales documents to induce buyers. When you rely on such a statement to your detriment, you can bring a claim against the misrepresenting party.
- Negligence: Negligence is one of the most common construction defect actions. A negligence cause of action usually arises when a party fails to or refrains from doing something a reasonable person would be expected to do in the same circumstance. Additionally, the damage caused must be attributable to the defaulting party’s act or omission before they can be held liable.
What Should You Know About Construction Defect Claims?
There are several rules to consider when handling construction defect claims, making it prudent to partner with a construction attorney. In any case, it helps to keep the following in mind:
- There are limitation periods for the various actions. For example, while the law prescribes a six-year limitation period for breach of contract cases, you must bring tortious actions, including negligence, within three years.
- Contracts may include indemnity and contribution clauses which may relieve parties of liabilities, whether partially or entirely, subject to certain exceptions.
- In tortious or strict liability actions, purely economic losses may be unrecoverable in the absence of personal injury and property damage. This may extend to damages for inadequate value, loss of profits and cost of repairs and replacement.
- Multiple parties may be jointly or severally liable in construction defect suits.
- When an insurer alleges that a claim falls within an exclusion, they bear the burden to prove same.
Contact a Construction Defect Attorney at Calabrese Law Associates
Construction defects are ground for disputes, making it vital to understand the basics of construction and real estate law. This helps you assess whether you have a claim or defense. It also assists you in identifying which cause of action to bring, whom to bring the action against, the procedures and avenues available in accessing your rights and the various time restrictions.
Seeking the services of a trusted attorney is an excellent starting point. Calabrese Law Associates is a law firm that specializes in construction and real estate law. We provide the insight, dedication and commitment to help clients sail through their legal challenges. Do not hold off on consulting with an attorney, as this can impact your future case. Contact us today to take advantage of our services.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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