Construction Law
Dealing with Defective Work Claims Part 2
In part one of this two-part series, a Nashville construction dispute lawyer from Cotney Attorneys & Consultants discussed some important considerations for contractors who want to understand, prevent, and protect themselves against construction defect claims. Construction defect claims have the power to stop your current projects in their tracks while you’re forced to deal with an owner who doubts the quality of your team’s workmanship. When this happens, consult a Nashville construction dispute lawyer to see how you can protect your rights, your profits, and your progress.
Areas Vulnerable to Defects
We discussed some of the common causes of construction defects in part one. You likely noticed that most of these causes were largely avoidable. In many cases, construction defects are contingent on subpar workmanship and lackluster leadership. In other words, holding yourself to a higher standard than your contemporaries can help you avoid becoming the target of a construction defect claim. That said, certain areas of a building are more vulnerable than others during the construction process, including:
- Balconies: installation issues pertaining to underlayment and flashing can lead to problematic leaks. When flashing isn’t lapped correctly, it creates a porous surface rife with the potential for defects.
- Concrete: cracks in concrete are nothing new, but they can cause significant issues if the problem is too pervasive. This is generally the result of an improper slope or excessive water damage.
- Drywall: like concrete, drywall is prone to cracks. These cracks can indicate structural inadequacies and subpar installation
- Roofs: surprisingly, most roof defects are the result of improper installation of component parts and not the roofing material that was selected to protect the home. Roofs that leak or sag may be defective.
- Showers: shower enclosure defects can usually be traced to problems with flashing, caulking, waterproofing, or tile installation. No matter which issue is affecting your showers, the end result is messy leaks.
- Stucco: stucco also has a tendency to crack. These cracks could mean nothing, but they could also indicate structural deficiencies.
- Windows: windows that leak or fail to properly insulate a structure may be defective. This is usually related to issues with flashing, but the window itself may be defective. Remember to contact your supplier if a construction defect claim pertaining to windows is issued to your company.
Other Common Construction Defects
If you attempted to keep a tally of every potential construction defect, you’d soon lose count. There are simply too many vulnerable areas to account for in full. Still, some of the other most common construction defects include:
- Water or plumbing defects
- Electrical systems defects
- Mold and dry rot
- Landscaping or soil issues
- Drainage problems
- Heating or electrical problems
- Foundation defects
Who is Responsible?
Construction defect claims can be extremely complex. If you want to improve your chances of avoiding a costly claim, consult a Nashville construction dispute attorney. In most cases, construction defects fall on the general contractor, but if a subcontractor or material supplier failed to perform their duties correctly, blame could be shifted to them. Don’t let your business foot the bill for someone else, consult a Nashville construction dispute attorney.
If you would like to speak with a Nashville construction dispute attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.