It is not a guarantee that every project will produce the desired outcomes. There can be construction defects which are among the common problems that occur in a construction project. These defects can be attributed to negligence or mistakes that lead to damages or injuries due to improper construction of the building.
The defects can be classified as patent or latent. The patent defects are easily noticeable and they can be fixed immediately before the completion of the house. On the other hand, latent defects may not be noticed until the whole building is completed. Therefore in some scenarios, some defects guarantee the owner compensation if it occurs. Read on and find out.
Before you file a case regarding the construction defects it should be established that you had signed a contract and you have proper documentation of what you expected from a contractor. This will serve as proof of evidence in case the contract is breached. Here are some of the construction defects that can be compensated in the court of law:
PS. Special thanks to construction defect litigation lawyers, Norton and Associates in downtown Los Angeles, for help and advice in writing in this post.
The engineers and architects are responsible for designing a building. If they don’t work as expected then it will lead to a design defect. Typically this design defect can be categorized into that defects which are a result of poor architectural design which is attributed to a defect that results from the layout of the plan .The other one can be brought in by failure of the contractor to follow effectively the given layout which results in defects.
Roofs can be used as an example of design defects where there is a penetration of water, inadequate structural support, and intrusion. When such occurs then the owner is eligible to file a claim for compensation.
The use of inferior building materials can cause leakages from Windows, improper flash, lack of metal sheet drip edge and other problems. This is a result of purchasing materials from incompetent manufacturers which makes it difficult to know that the materials are not of good quality until the project is completed. The defects will only be visible after the completion of the project. This makes materials defects very expensive to try because it will require new materials and additional labor.
Workmanship defects are among the common construction defects because this occurs when a contractor fails to build a structure following the construction documents. This differs from simple to complex structural integrity. An example of workmanship defect is water infiltration through some part of the building which may encourage the growth of mold. Other problems include pest infestation, plumbing leaks, mechanical problems, electrical problems, dry rotting of wood and cracks in the foundation. Therefore, when such a defect occurs the owner of the building can file a claim against workmanship defects so that he can be given compensation.
If a building is built on expansive soil that is unable to provide a stable foundation then subsurface deficiencies can occur. It is characterized by a cracked floor slab, foundations and other damages in the building. When the project is not properly compacted and prepared for effective drainage it will attract problems such as subsidence, flooding, structure shifting and other severe problems such as landslides. Therefore the contractor needs to measure the relevant parameters before deciding on whether the project will be constructed in a certain area.
Specification defects occur as a result of failure to adhere to the project documents that outline all the parameters that should be observed during the construction. This can lead to inappropriate construction because of compromising with the material used the dimension and the layout of the projects.
Construction defects not only devalue the project but it also brings risk injuries. Therefore, some construction defect lawyers are willing to engage the industry experts such as contractors, engineers, and architects to evaluate the construction job and estimate the cost of repairs. They will then file a lawsuit and make interviews the gathering relevant documents to develop the case for trial.
So if you are experiencing a construction defect which is as a result of construction negligence and other problems seek out for the corridors of Justice so that you can be compensated as stipulated by the law.