What is a Construction Defect?
March 8, 2009
Some sources define a construction defect as any condition that reduces the value of your home or other real property. That definition is a little overly broad, however, because it can include many conditions unrelated to the home’s design or construction. Damaged roof tiles from a hailstorm technically fit the definition but are obviously not the result of a construction defect.
A more accurate definition of construction defect is:
Any deficiency in the design or construction of a building, or in the materials used in construction, or in locating or preparing the construction site that results in the building not performing in a manner that is reasonably expected by the buyer.
Under this definition, a construction defect is the result of an improper act or failure to act of an architect, engineer, developer, contractor, subcontractor, material supplier or manufacturer or other party involved in furnishing the labor and materials for constructing your home.
How to Determine if a Defect Exists
Questions that are often asked when determining if a condition in the home is a construction defect are:
- Were any building codes violated?
- Were there any deviations from the plans and specifications?
- Was the design and engineering done properly and to industry standards?
- Was the construction performed in a reasonable and workmanlike manner according to the prevailing standards in the construction industry?
- Does the condition cause the home to not meet the buyer’s reasonable expectations?
Except for violating building codes or deviating from plans and specs, many of the issues involved in determining if a construction defect exists are not black and white. Terms such as “reasonable expectations,” “reasonable and workmanlike manner,” and “prevailing standards” are all subject to interpretation. This may in large part explain why so many construction defect claims end up being decided by a judge or arbitrator.
Patent and Latent Defects
A patent defect is one that is or should be immediately obvious. A broken window or a ceiling light not working are examples.
A latent defect is one that is not immediately apparent. Latent defects are often revealed after some type of problem begins appearing in the home. When water stains, toxic mold, or cracks in walls, floors or ceilings are discovered, they usually lead to identifying previously hidden leaks, or problems in the building structure, foundation, or soil.
Minor Defects
Some defects can be minor and/or cosmetic. Peeling paint on wood trim that was not cleaned before being painted obviously does not meet prevailing standards in the construction industry and does not meet the reasonable expectations of the buyer. It is also easy and inexpensive to correct.
Most reputable builders readily take care of these kinds of minor problems without much argument. Sometimes, though, they may take a while getting around to your minor problem because their warranty staff may be giving priority to other customers with more serious issues. In such a case, you just have to keep being the squeaky wheel.
Major Defects
Major defects can render your home practically worthless. A serious problem in the foundation or soil could cost nearly as much to correct as your home is worth. If you encounter such a problem, you’ll most likely find that even reputable builders are going to have a difficult time stepping up to the plate because of the expense involved.
Depending on the specific defect, the builder may be able to rely on insurance to cover your damages. But as you can imagine, no one is going to be rushing to write you a six-figure check. You’re probably going to have to hire a lawyer to be sure you’re treated fairly.
If you need assistance finding a lawyer, please contact us using the form on the right.
Related Articles
- What Does Contractor Liability Insurance Cover?
- Construction Defects - Soil Issues
- Construction Defects - Foundation Cracks
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