Construction defects are fairly common, though most of them are fairly minor and easily resolved. But some construction defects are hazardous or significantly impact a property’s value. When these problems are found, whether immediately or long after the completion of the work, they should be remedied. But how are construction defects fixed?
What Are Construction Defects?
Construction defects generally refer to deficiencies in the construction that lead to some type of failure in the structure and that result in damages. Construction defects can be either patent or latent. Patent defects are readily obvious upon inspection and usually simple to fix, while latent defects are not obvious and often require complex fixes.
Construction defects can take several forms, which can impact how they are addressed when fixed:
- Design Defects — These are defects resulting from a designer’s failure to produce organized and accurate construction documents.
- Material Defects — These defects occur due to inadequate or damaged building materials.
- Workmanship Defects — These common defects are caused when contractors fail to build a component or structure in accordance with the construction documents.
How Are Construction Defects Fixed?
There’s nothing simple about getting construction defects fixed. The process using involves litigation, and it happens in several stages.
Construction Defect Legal Case
When a property owner or association decides to pursue a construction defect case, they must bring a claim against a builder or developer. This generally requires the involvement of a skilled construction defect attorney.
During a defect lawsuit, an investigation will take place using various experts who will give opinions on the defects and what it will take to make repairs. The case can either end up in court or be settled through mutual agreement.
Many of these cases go through mediation to reach a settlement. What many people fail to realize is that the ability to collect on a settlement is more a function of the defense’s insurance coverage than the severity of the defect.
Construction Defect Repairs
Following a settlement or judgment, the next task will be to begin construction repairs. It’s essential that the property owner hire an independent construction manager who will create a strategy to complete the repairs effectively and affordably.
Construction defect repairs will often be prioritized in terms of what creates a safety or structural issue, anything causing water intrusion, and those with other problems. Some defects can be repaired in an owner-occupied home, while others will require that the homeowner move out temporarily, which is something that should be addressed during the litigation stage.
Speak With an Experienced Construction Defect Lawyer in South Carolina or Nevada
If you believe your property has construction defects or have been accused of failing to meet your responsibilities, you need skilled representation. The Clarkson Law Group, P.C. has devoted a significant portion of its practice to construction defect litigation.
Our seasoned attorneys can review your situation. We represent property owners and businesses in a wide range of construction defect matters throughout South Carolina and Nevada. Contact us today to schedule an initial consultation.