A Historic Law Firm,
A Modern Approach
  1. Home
  2.  » 
  3. Business Law
  4.  » Construction defect claims and your contracts

Construction defect claims and your contracts

On Behalf of | Apr 4, 2021 | Business Law

Construction defects come in all shapes and sizes and depending on the contract in question, the topic is open to a lot of interpretation. That is why it is important to establish boundaries and policies from the beginning with solid contracts. That way you might avoid an expensive and drawn-out process if a party makes defect claims against your business’s work.

Understanding the basics and how those basics lead to the more complex aspects of construction defect litigation may assist in future.

Construction defects in general

As Levelset describes, construction defects may include several parties and accountability is vital. But all construction defects must include three distinct criteria:

  • A deficiency in the construction process
  • Said deficiency leads to a failure in the structure
  • Said failure in the structure leads to damage to a person or property

These defects come in two flavors: patent and latent. Patent defects may be more obvious than latent defects. Investigators may categorize these defects into types such as design defects inherent to the documents and blueprints, material defects regarding materials used, and workmanship defects that highlight a contractor’s failure to building accordance with documents.

Construction defects and the contract

A carefully drafted contract may help avoid confusion during construction defect litigation. Making a construction project clear and spotlighting who is responsible for what makes it easy to look through the contract and see what went wrong when it did. A clear understanding of liability coverage for all parties may help minimize exposure to these claims.

Every construction project comes with unique considerations and a contract that is clear and protects the parties involved in a fair way may reduce contract interpretations during court disputes.