Construction Law

Who Is Responsible for Construction Defects? featured image

Who Is Responsible for Construction Defects?

Construction defects are problems in a building’s design or construction that can cause it to fail and injure people. If this happens, an investigation will look at the work that you finished to see if you are responsible. It can have a serious impact on your business, which is why you want to avoid defects and related problems as much as possible. In this brief guide, we’ll discuss liabilities for construction defects. For accurate and knowledgeable legal counsel and a legal ally who will advise you on the best solution to your case, contact a construction defect lawyer in Brentwood, TN

Related: Who is Liable for Construction Defects?

Who Can Be Held Responsible?

There are several groups in a construction project that can be held responsible for defects. Contractors and subcontractors can be held responsible for the construction process. Any defect that is the result of problems in building a structure will result from contractors and subcontractors. Architects and designers can also be held responsible for defects in specific circumstances. 

The fastest way to see who is responsible is to look for the source of the defect. It will point to a specific group. There are two types of defects: design defects, and construction process defects. 

Related: How to Avoid Being Blamed for a Construction Defect

Design Defects

Architects and designers are required to do extensive due diligence and testing of their designs before work begins on the project. This means that any errors in the design need to be fixed early. If a defect appears in the design of a building, the person who designed it can be held responsible. 

Construction (Building Process) Defects

Defects that appear during the process of building the structure are construction defects. These are the responsibility of anyone that works on the part of the project where the defect is found. For example, the electrician (subcontractor) that installed faulty wiring will be held responsible for the resulting electrical problems. The contractor can also be held responsible for some of the defects in the project as they are responsible for reviewing the work to ensure that any problems are dealt with. 

Indemnification and Contracts

When contracts are developed, they may include indemnification clauses that change who is responsible for defects. Essentially, a subcontractor can indemnify a contractor for defects in his work, which means that the subcontractor will pay the penalties for defects in his work that the contractor is sued for. 

When you negotiate your contract for a construction project, it is vital that you pay attention to clauses that change responsibility for defects. The resulting fees and penalties can have a major impact on your business. Plus, having a defect lawsuit on your record could affect future projects as well. That’s why it’s crucial to review your contracts for indemnity and similar clauses to make sure that you are responsible for your work and won’t be held responsible for the defects that others create. 

Construction defects represent a major problem for everyone involved. Make sure that your contracts keep you properly protected so that you won’t have to suffer through disputes and lawsuits later. If you have questions about construction defects and contracts, contact a construction defect attorney in Brentwood, TN, from Cotney Attorneys & Consultants.

If you would like to speak with a construction defect lawyer in Brentwood, TN, 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.