Construction Defects and How to Avoid Them
Homeowners, contractors, and association management companies don't like to hear the term construction defect for a good reason. According to HOA Resources, "a construction defect is a deficiency in the design or construction of a building or structure. It can result from failure to construct or design per expectation. In turn, it can cause loss of use of the property, extra expenses, or possibly, physical injury or property damage."
What is a Construction Defect?
It is necessary to understand that construction defects can occur in brand new buildings, renovations, or small projects such as installing new locks throughout an apartment complex. The most significant challenge in dealing with a construction defect is prolonging the time it gets repaired. If a problem is ignored or goes unnoticed, and the warranty period has passed, managers depend on Florida's statute of repose.
The Most Common Construction Defects
Design Defects
This type of defect occurs when a designer makes an error or omits something from the design of the home or building. If caught during construction, we advise addressing the mistake through the change order process. If it is found after the building receives its occupancy certificate, it is often dealt with through the warranty process or a construction defect lawsuit.
Material Defects
This type of defect is more severe as it pertains to the original building material. Generally, the manufacturer is the party that takes the blame, but this can lead to expensive repairs and the need to source new materials.
Workmanship Defects
These are the most common type of construction defects. It can be large, structural problems or smaller problems, such as design. This problem happens when the contractor gets off track and fails to complete the project according to the approved plans, code requirements, or standards of care.
Avoiding Defects
When approaching a new construction project or managing issues in new construction, it is critical to assemble the right team. We recommend hiring a consultant or construction manager to assist you. Managers are not trained in the development, and it is rare to find one that is keeping up with the current building codes and standards in the city and state of the operations.
Make sure to do your research on the organizations or individuals that you choose to hire with. If they don't have the proper credentials, experience, or skills, your project can suffer from construction defects every day. Additionally, it would help if you established continuous quality control and collaboration from the start of your project. It is essential to know what level of inspections are required for your project. These inspections include but are not limited to building departments, federal and state occupational health and safety agencies, fire departments, and manufacturers of products.
It's essential to document the entire construction process, no matter how trivial something might seem. This way, you can have a solid record of the materials used and the practices during the process.
Contact Us
Collaboration, open communication, accountability, and tracking everything and everyone involved will help you ensure that your project is successful. By starting your job with the expertise needed to execute successfully, you are closer to avoiding a construction defect problem. Please contact us for any questions!
