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When to Go to Court for Defective Construction

March 24, 2021 by admin

Defective construction is a deficiency in a building or other structure type. Construction defects can delay projects and cause extensive injuries. Instances of defective construction occur because of poor design, low-quality materials, and poor workmanship.

If you believe you are a defective construction victim, a construction law attorney in Riverside, CA, can help.

Here is more information about the different types of defective construction and how they can affect your business.

What Is Defective Construction?

Defective construction or a construction defect is a deficiency in the construction process that leads to property damage or personal injuries. These defects can also lead to canceled construction projects or delays in construction projects, which can be expensive.

For a construction defect to be valid, it must include:

· A type of failure that causes damage to a property or a person (this can include financial damages). · A deficiency that causes a structure to fail. · A deficiency in the construction process because of a poor design, workmanship, or materials used.

All three instances must be confirmed to categorize one or multiple structures as having a construction defect.

What Are the Classifications for Defective Construction?

The two classification types of defective construction are patent and latent. Patent construction defects are defects that are easily seen and evident during an inspection. A contractor often finds these defects.

Latent construction defects are defects that are hidden and difficult to find by anyone who inspects the property.

What Are the Types of Construction Defects?

The three types of construction defects are:

Design Defects

Design defects result from a professional designer’s failure to create and supply contractors with well-organized construction design plans and other documents. These defects can occur because of error or omission.

When a design error occurs, the design needs to be reworked to replace a component. An omission that causes a design flaw can be fixed with change orders, which minimizes the risk of project delays and increases the chance of design approval.

Material Defects

Material defects occur because of inadequate building materials. When you use defective materials for construction projects, they seem reliable at the time of purchase. Still, by the time you notice their flaws, you have already incorporated them into your project.

Material defects make your project more expensive because you will require new materials and additional labor.

Workmanship Defects

Workmanship defects occur when a contractor neglects to build a structure or part that follows the construction documents. These defects can range from simple to extreme. Simple imperfections, such as aesthetic issues, are easy to fix, whereas structural integrity problems are severe defects that are more difficult to fix.

Determining liability for how the structure failed and who is responsible can be tricky, but a construction law attorney in Riverside, CA, can help you sort things out.

When Can You Use a Builder for Defective Construction?

You can sue a contractor, construction company, or builder for poor-quality work. Improper planning can cause cracks in the foundation, water leaks, and other significant damages. You can sue for defects that decrease the property’s value.

Most defective construction lawsuits fall into one of these categories, including:

Workmanship, Design, and Material Defects

These construction defect claims occur because of poor construction or inadequate materials. Some contractors cut corners to save time, putting your structure at risk of future problems, such as faulty plumbing, poor environmental control, inadequate electrical wiring, and other issues.

Structural Failures

Structural failures can cause buildings to collapse and have expensive financial consequences. Structural failure is any defective construction that results in water leaking through the roof, cracks, improper joists or weight-bearing walls, fallen ceilings, and more.

Problems with Earth Settlement

Construction contractors and companies are responsible for ensuring a structure can hold up in its surrounding environment. Earth settlement conditions, water tables, and other conditions need to be suitable for a structure to become a success.

Improper drainage, soil compaction, underground water sources, and similar problems can cause a structure to fail.

Construction Law Attorney in Riverside, CA

The Mellor Law Firm is your construction law attorney in Riverside, CA. Some of our practice areas include construction, real estate, business, and Chapter 7 and 13 bankruptcy law. We explain your options and keep you current on the status of your case.

Contact us to learn more about defective construction and how we can help. We look forward to assisting you!

Filed Under: Construction Law Education Tagged With: bankruptcy attorney, bankruptcy law, construction attorney, construction law attorney, defective construction, riverside attorney, riverside lawyer, riverside personal attorney

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