Construction Defects: Who’s Responsible?

After you notice a construction defect with your home or business, you must determine who’s liable for the repairs or damages. Many people assume it’s the builder, but others might be responsible as well.

Common Construction Defects

A defect, flaw or design error in the construction of a building can reduce the value of that building or pose a dangerous condition that must be corrected. The most common defects are attributed to plumbing, roofs, framing, finishes such as siding, stucco or drywall, as well as soil that has not been compacted or graded properly. Many states have enacted laws that specifically define what are considered construction defects.

Many construction defects can be detected immediately such as a crooked roof or a crack in a wall or foundation. However, others may take years to discover, such as a slow water leak that existed at the time of construction but wasn’t discovered until toxic mold formed a year later.

Determining Who is Responsible

While most people think that the builder is responsible, in reality, the developer, the general contractor or the various subcontractors who worked on the structure may also be responsible. Knowing who can be responsible is sometimes half the battle. In many cases, a lawsuit is filed against one of the parties who ends up bringing others into the lawsuit. An attorney whose practice focuses in construction defect law will be able to determine responsibility so that valuable time and efforts are not wasted.

Steps to Take After Discovering a Construction Defect

After experiencing a construction defect, you should take steps to protect your interests, such as taking photographs, keeping detailed records of inspections and phone conversations, and all receipts and written documentation relating to the defect. When a defect is repaired, always make sure that a licensed contractor does the work. Contractors are generally required to be licensed by the state in which they provide services and should have a state-issued license number.

Case Studies: Construction Defects and Liability

Case Study 1: Plumbing Defects in Residential Building

John, a homeowner, discovers plumbing defects in his newly built house, resulting in water leakage. He sues the builder, but it’s found that Sarah, the plumbing subcontractor, is responsible. Mark, the builder, and Sarah are both brought into the lawsuit for resolution.

Case Study 2: Roofing Deficiencies in Commercial Property

Sarah, a business owner, faces roofing issues in her recently constructed office building, including leaks. Initially, she blames Mark, the general contractor. However, it’s revealed that John, the roofing subcontractor, incorrectly installed the roof. Legal action is taken against Mark and John to address the defects.

Case Study 3: Structural Defects in a Condominium Complex

Residents of a condominium complex notice cracks in the walls and foundation. The developer, Mark, is held responsible for inadequate foundation design. The residents file a lawsuit against Mark, and additional parties involved, including Sarah and John, are included in the legal proceedings.