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Construction Defect Claims: An Overview

by | Mar 5, 2021 | Construction Law

Construction defects are bad for consumers and contractors, alike. It is important for both consumers and contractors to address construction defects in the proper way. If a compromise cannot be reached, a consumer may bring forth a construction defect claim.

What are construction defects?

Construction defects are essentially problems with the way something was constructed. These problems can range from smaller, cosmetic issues to larger, more serious issues. A small, cosmetic issue could include items like a chip in the tile or paint. A large, serious issue could include things such as faulty wiring or a crack in the foundation of the building. These issues can be quite apparent right away or may not be discovered until years later.

Construction defect claims may include patent or latent defectsPatent defects

Patent defects are defects that are typically found in a routine inspection. These are often visible and quite obvious. They are also found within a reasonable timeframe, like during the build or right after the construction is completed.

Latent defects

Latent defects refer to defects that exist but are concealed in a way where they are not discovered during a routine inspection. This type of defect may not be found until years after the initial construction.

What happens when defects are found?

If construction defects are found by the consumer, they must notify the contractor. The contractor then gets the chance to fix the defect before a lawsuit can be filed if the work revolves around a residential construction project. This is often referred to as the Right to Cure. If the defect is not fixed, the consumer may initiate a lawsuit against the contractor. The consumer may claim breach of contract and/or other claims.

These defects, no matter how small or large, are important to fix for both the consumer and contractor. Consumers are paying for a certain standard of work and for all safety standards to be met. Contractors have an obligation to fix these defects once they are found.

How McDonald & Kloth, LLC can help you

McDonald & Kloth, LLC can help contractors that are facing a construction defect claim or consumers claiming a construction defect. We serve as litigators dedicated to our clients’ best interests. It is important that contractors and consumers include items to protect themselves in each contract that is created. Contact our construction lawyers to learn more about how we can help you.