Congratulations! You took the plunge and constructed a new location instead of buying or leasing an existing building. The larger and more complex your building, the more likely something went wrong. You should get a defect fixed because that’s not what you paid for. If the general contractor’s not on board with making repairs, you may need legal help to negotiate a resolution or, if severe enough, litigate or arbitrate the issue as our real estate litigation lawyer knows all too well.
What Is A Construction Defect?
They’re defects that may reduce the building’s value, potentially make it unusable, or cost you time and money to repair it. Depending on the defect, it may threaten the safety of those inside or around the building. The defect could be apparent (patent) or hidden and take time to discover (latent).
What Caused The Construction Defect?
A construction defect could have a particular cause or result from several problems. They can include the following:
- Poor workmanship
- Using inferior materials
- Improper soil analysis and preparation
- Poor site selection and planning
- Negligent civil or structural engineering
Your building should have a warranty. If the defect is found soon enough and falls within the warranty, you may be able to take advantage of it as our friends at Focus Law LA can share.
What Are Common Construction Defects?
Frequent building defects include the following:
- Leaking roof or pipes
- Electrical system
- Heating and air conditioning systems
- Poor drainage
- Cracks in the foundation, walls, or floor
- Structural failure
- Plumbing
Potential defects are only limited by the type of structure and the mistakes made during the design and construction phases.
How Are Construction Defect Disputes Resolved?
If you, the developer, and the general contractor are reasonable, a defect dispute should be resolved after an investigation of the problem and discovery of the cause. The general contractor should fix a genuine building defect in a new building.
Problems can arise if a general contractor blames you for the situation or one of the parties isn’t reasonable. They may wrongly claim they’re not responsible or needlessly delay repairs.
Most construction defect cases are resolved through compromise, negotiation, and sometimes mediation. The contract you signed with the developer or general contractor probably has a mandatory arbitration clause. If all else fails, the outcome could be decided at an arbitration hearing.
How Would I Prove My Case?
Assuming there aren’t any legal grounds to defeat your claim, it all comes down to having enough evidence to carry your burden of proof (it’s more likely than not the defect is the developer’s or general contractor’s fault).
Issues could include whether the issue is a defect, and if so, who’s responsible for fixing it. These claims rely heavily on expert testimony of architects, engineers, and experienced builders. Hiring experts who know the subject matter well and are effective communicators will not be cheap, and they can quickly drive up the cost of maintaining your case.
What Might Be Recovered In A Construction Defect Case?
These cases are based on state law, so how they’re proven and what you may recover can vary depending on the jurisdiction. Generally, the cost of repairs and the reduced building value may be recoverable. Other damages might include the following:
- The cost of having your operation elsewhere or lost efficiency because part of the building wasn’t usable
- Your costs of the lawsuit or arbitration
- Your attorney’s fees
A personal injury lawsuit against the responsible party could be filed if the defect injures anyone. If an employee is injured by the defect while doing their job, they may file a workers’ compensation claim.
Who Pays For The Damages?
If the dispute settles or your arbitration hearing or trial is successful, the defendant should have liability insurance to cover the costs (including paying for their lawyers). New construction defects are common problems. An attorney can protect your rights, negotiate a resolution, and, if necessary, represent you at a trial or arbitration hearing.