CONSTRUCTION DEFECTS

What are Construction Defects?

To answer the question, "What are construction defects?" would depend on your point of view, e.g., that of a homeowner, contractor, builder, product manufacturer, etc. Understand that there is a difference between what would be considered just a nuisance claim and an actual construction defect claim. Construction defects can be as complex as foundation issues that threaten the structural integrity of a building to more aesthetic issues such as improperly applied stucco.
Although there is controversy in defining what are construction defects, trial courts have grouped construction defects into four categories. These categories will help you understand what construction defects are.

1. Design Deficiencies in Engineering

The first category is design deficiencies which sometimes stem from the work of architects or engineers. These design professionals design a building or design a specific system that does not function as it was intended to function. The end result is a product that is defective. An example would be a roof that has been designed to be aesthetically pleasing and complex in design but is prone to leakage.

2. Material Deficiencies

The second category is material deficiencies. Using inferior building material can cause a variety of defect issues. An example of this type of defect that is fairly common is windows built with poor materials that leak even after being installed perfectly. Another example is material used inside of a wall that causes issues such as wall leaks or moisture damage. The building material that would be in question could be the building paper, particle board, roof shingles, etc.

3. Substandard Workmanship

The third category is construction deficiencies, also known as substandard workmanship. This category of construction defect usually becomes evident with water damage through some part of the actual building structure. Other examples of such a defect would be rotting wood, pest infestations, and cracks in floor slabs or in the foundation. There could also be evidence of construction deficiencies in lack of adequate sound insulation, electrical problems, plumbing issues, and/or inadequate fire-resistive construction between housing units.

4. Subsurface or Geotechnical Problems

The fourth category is subsurface or geotechnical problems. An expansive soil condition is a perfect example of this concern and is commonly found in California and Colorado. This issue occurs when housing developments are built in areas where water once stood, or is hilly, both resulting in an unstable foundation upon which to build a house. If the builder does not prepare the soil properly on this type of subsurface condition, then inevitably you will begin to see symptoms of this construction defect. This also holds true if the builder does not keep in mind this type of potential soil issue when deciding on structure design. As a result, you may see problems including but not limited to vertical and horizontal settlement, slope failures, flooding, cracks in floor slab and hardscape. An extreme case would leave a building uninhabitable.
Since there are numerous issues that can occur with a building or a home, it's hard to decide what are construction defects and what are not in a simple way. Therefore, it is important to contact an attorney today to find out exactly what is going on with your property and what steps you need to take to take care of it and to protect your rights.

Building Issues and Problems

Construction defects can cause a variety of building issues. Determining the root of the defect will depend on which area or areas of the house have been affected. Defects in the foundation, floor, or wall can be the direct result of soil issues, water issues, or even workmanship issues.When a builder starts a new project, there are a lot of decisions to be made. But before any decision is made the first step is to survey the factors that will impact these decisions. One important factor to consider is soil. Does the builder know what kind of soil upon which the building will be built? What type of contractor

will the builder use and what is the budget for them? The builder also has to decide what products and what building material will be used. Before groundbreaking, the builder has to make a lot of decisions that can either help prevent or may actually cause some building issues. Soil issues are a leading cause of construction defect. If the land is not properly prepared, the soil, whether expansive or collapsing, can cause damage to all areas of your home, i.e. the floor, the wall, the foundation and even roof cracks.
If you are noticing problems with your foundation, you may be experiencing water-caused issues as well as or instead of soil issues. You need to obtain a professional assessment of the situation, discover what the root cause is and receive an estimate for the repair. Cracks you find on your foundation could be the result of the builder choosing the wrong contractor or choosing a substandard plumbing system. Either way, water issues can become even more severe when they begin to affect the foundation, floor or wall.

If you are seeing roof cracks, then your construction defect can be due to faulty design. At times an engineer or architect can create a unique roof design that aesthetically is very pleasing but is functionality inadequate. It is the responsibility of the builder and architect to work together to ensure that a good design will not sacrifice proper functionality.Building issues like roof cracks or foundation issues can be a root cause of many different construction defects. Do not wait to get an advocate on your side to help you take the right steps to resolve these issues