While no new construction project is perfect, there is an expectation on behalf of the buyer to have work performed in a reasonable manner. Thus, when there is a failure to construct or oversee the construction of a building in a way that causes it to fail, a buyer might be able to file a construction defect claim.
Find Law lists some of the most common and high-cost construction defects, including:
- Structural integrity – concrete, masonry & division, carpentry, unstable foundations
- Expansive soils
- Water Intrusion (could result in toxic mold)
- Thermal and moisture protection
- Doors, windows and glass
When these defects are brought to the table, for instance, a court categorizes them as deficiencies in design, material, construction and/or subsurface. Generally, a construction defect is based on poor workmanship that has resulted in problems such as cracks in the foundation or walls, the dry rotting of wood or water infiltration through an area of a building or home. Other construction deficiencies could cause mechanical and electrical problems, as well as plumbing leaks and pest infestation.
Yet, it’s important not to discount the use of materials during construction. After all, when a window fails to function properly, it could be a problem with the window’s framing or improperly applied building paper. This proves that the source of a construction defect is not always related to installation. Similarly, when there is a defect in the design of a crucial element of a home such as the roof, for example, homeowners may experience poor drainage or water intrusion. In this case, the defect could point to the architect or engineer.
As construction litigation attorneys in Augusta and Evans, Georgia, Shepard, Plunkett & Hamilton, LLP, realizes that a number of circumstances can lead to litigation. Some of these are notably complex, as owners, construction companies, developers, contractors, subcontractors, suppliers and manufacturers are all involved. In any case, our team is well-equipped to handle even the most demanding legal disputes related to construction defect claims.
To discuss the details of your dispute, call Shepard, Plunkett & Hamilton, LLP, call today.
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