General

In which projects are construction defects most likely to occur?

Construction defects are at the heart of many construction-related lawsuits. Disputes arise regarding whether something is a defect, who is responsible and what should be done to remedy the situation. And whether the property involved is residential or commercial, these disputes have the potential to be costly and draining for everyone involved.

With all this in mind, it is crucial for contractors, suppliers, property owners and developers to have in place a plan for dealing with claims of construction defects, should they arise. This can be especially important for people involved in the development of condominiums, as these are reportedly the projects that see the highest number of construction deficiency claims.

A study conducted by Community Associations Institute found that more than 57 percent of deficiencies occurred in new condos, which is far more than reported in single-family homes and townhomes. Reasons for the higher number were not provided, but the large scale of condominium projects is likely a factor.

The report found that the most common deficiencies included:

• Plumbing problems, like leaks
• Electrical problems
• Mechanical issues
• Foundation cracks
• Roof problems
• Poor workmanship

These deficiencies can certainly be problematic for homeowners, and they can spark a contentious lawsuit.

With all this in mind, it would be wise for developers, construction companies, property owners and anyone else involved in a development project to be clear on a course of action in the event of a defect. Often, this is achieved with a clear, enforceable contract and effective communication.

In fact, this study also reported that most of these claims are resolved through out-of-court negotiations between the parties involved. Though, there are situations that must be resolved through arbitration or litigation.

No matter how you plan to address claims of construction defects, it is important that you have the guidance of an attorney to help you navigate these disputes. With legal support, you can take the steps necessary to secure a fair and satisfactory resolution.

Tue Aug 28, 7:40pm