In the dynamic field of construction, despite meticulous planning and execution, the specter of construction defects and negligence looms ominously. These issues can cast long shadows over even the most unassuming projects, leaving a trail of repercussions that can be both costly and time-consuming to rectify.
In this brief synopsis, we define defects and negligence, the associated impacts, and the legal remedies available to mitigate their effects.
Defining a Construction Defect
Construction defects occur when there is a failure to construct a building or other structure in a reasonably workmanlike manner, or if the structure does not perform in the intended manner as agreed upon in the scope of work.
Construction defects may involve poor workmanship, improperly designed or provided materials, or failure to meet state or federal building codes.
Examples of deficiencies in construction projects considered to be defects include:
- Improper construction- In short, if a contractor fails to follow the approved building plans and standards, such as a load-bearing wall not constructed to the specified specifications, leading to structural instability, that would constitute a construction defect.
- Defective architectural designs- When architectural designs contain errors or omissions that lead to construction problems, they are considered defects. This could be a failure to include necessary structural supports in the design of a building, resulting in sagging floors or cracks in the walls.
- Material Deficiencies- When substandard or inappropriate building materials are used in a construction project, it can result in material deficiencies. For instance, if low-quality roofing materials are used that quickly deteriorate, leading to leaks and water damage within a short time after construction, it would be considered a material deficiency defect.
Impact of Negligence on Construction Projects
Contractors have a duty of care to perform all aspects of building in a workman-like manner. This also includes observing building codes and safety standards. At any stage of a construction project, negligence may jeopardize the integrity of the structure and the safety of workers and occupants.
As a result of the complexity of large scale construction projects, proving negligence in a court of law is a challenging process. To win a construction project negligence case the plaintiff must prove specific elements.
An experienced construction attorney will be able to compile important evidence and develop a strategic argument that addresses the following elements as they pertain to the case:
- Violation of Duty of Care: The plaintiff must demonstrate that the contractor violated the duty of care.
- Causation: The plaintiff’s legal team must prove that the contractor’s actions resulted in damages, injuries or other losses, or that certain damages, injuries or losses could have been prevented if the contractor honored the duty of care.
- Damages: The case must prove significant damage occurred due to the contractor’s negligence.
Legal Remedies for Construction Project Defects and Negligence
Construction projects can encounter defects and negligence, necessitating legal remedies to address resulting damages or losses. Parties affected by such issues have various avenues for seeking compensation.
When a defect diminishes a property’s value, a negligence claim can request compensation to bridge the gap between its hypothetical value without the defect and its current value. This aims to restore the property’s intended value.
Additionally, parties can seek to recover repair costs caused by the defect. They may take the original contractor to court to enforce repairs or hire a third-party contractor and claim reimbursement for these expenses.
This approach ensures the defect is rectified, restoring the property to its intended condition. Before resorting to litigation, parties often explore alternative dispute resolution methods, such as mediation and arbitration.
These offer opportunities for negotiation and resolution outside of the courtroom. If these options prove unsuccessful, the affected party may file a formal claim, leading to court proceedings to secure compensation or reach a settlement agreement.
In most events, parties impacted by construction defects and negligence can pursue legal remedies through diminished value claims, recovery of repair costs, and alternative dispute resolution methods.
Filing a formal claim and resorting to court proceedings is the final recourse if other approaches fail to yield a satisfactory resolution.
Consult with a KPPB Construction Attorney
The experienced attorneys at KPPB LAW possess expertise in a wide range of litigation matters and are prepared to guide you through your available avenues and formulate a strategic course of action.
KPPB LAW will help you gain insights into your potential solutions. Your legal concerns are our priority, and we are here to assist you. Contact our team at 1-678-443-2244 for further information or to arrange a consultation.