Construction Defects - Electrical Problems

February 26, 2009

Of all the potential types of construction defects to worry about, electrical problems are the most frightening. Unlike water leaks or cracking walls, an electrical defect could be fatal. In fact, the safety issues surrounding residential electrical systems are so significant that a National Electrical Code for construction exists in its own right.  Moreover, electrical work in construction requires a separate electrical permit and inspection by the local building authorities.

With all of this attention given to the home electrical system, how is it possible that any construction defect can occur in the electrical system?

Defective Materials

The fact is that faulty electrical components appear in the marketplace from time to time, and many have been recalled for dangerous defects, some even years after they were installed. Examples include:

  • Circuit breakers that fail to operate properly – Numerous brands have been recalled over the years for defects that prevent them from working as designed, creating a danger of fire or electrical shock.
  • Defective electrical panels – Manufacturing defects creating shock hazards have led to the recall of some models.
  • Electrical panels that leak – In some instances, sporadic defects in waterproofing have caused corrosion inside panels leading to shock or fire hazards.

Substandard Workmanship

Faulty workmanship by electrical subcontractors can also lead to electrical defects. Even though electrical wiring is inspected several times during construction, the inspector is only looking at or testing random samples of the subcontractor’s work. If the inspector finds a problem, he or she writes up a Correction Notice detailing the deficiency and returns another day to re-inspect.

Even the most thorough inspector, however, cannot check every wire and connection. If a mistake does slip through, it’s often in the form of an outlet, switch or light fixture not working.  Most reputable builders will take care of such issues promptly, even if it means opening up a wall or ceiling to repair or install wiring, and then patching and repainting when the problem is corrected.  That’s because most builders recognize the significant potential liability in leaving an electrical problem unresolved.

Given these facts, it’s no surprise that electrical defects are the least common of all construction defect claims.

Patent Defects

If you’re unavoidably fated to have an electrical defect, the non-working device is the type you want to have because it is:

  • Readily apparent
  • Usually discovered fairly soon after construction is completed
  • Normally not difficult to correct

Defects that are (or should be) easily discoverable are referred to as patent defects – as in “patently obvious.”

Latent Defects

The type of electrical defect you don’t want to have is a latent (or “hidden”) defect. A latent electrical defect is usually not discovered until a shock or a fire almost or actually occurs.

When you finally do discover such a defect, you’re obligated to take the necessary action to correct it to prevent the possibility of future injury or damage. If you contact the contractor and he doesn’t respond to correct the problem in a reasonable amount of time, you’ll need to hire someone else. If you don’t and injury or damage later occurs, the builder is off the hook for the additional damages because of your “failure to mitigate.”

Retain Proof of the Defect

When it’s necessary for you to hire someone else to correct an electrical defect, be sure to secure proof of the defect before it’s eliminated. Without proof in the form of photos, a report from a qualified expert, and/or keeping the actual defective components/materials, you will find it very difficult to obtain compensation for your claim.

If the repair cost is significant, you may want to consult a construction defects attorney before having any work done to be sure you preserve your ability to make a reimbursement claim against the builder.

If you need assistance finding an attorney, please contact us using the form at the right.

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