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3 property defects that may lead to construction litigation

On Behalf of | Oct 4, 2022 | Construction Law

Maybe you are a foreman on a construction crew that recently took on a large project for a developer. Perhaps you are a first-time home buyer very excited to move into your custom-built new home. Construction defects can damage the reputation of the businesses that commit them and undermine the value of the affected homes.

Both professionals in the industry and those purchasing bespoke real properties may benefit from learning about some of the most common reasons that new construction properties end up embroiled in construction defect claims.

There are issues with mold

The people working on a construction site are the ones at risk when inclement weather blows in halfway through the project. They may rush to pack up their tools and get away from the storm properly protecting the parts of the building already erected.

Lumber and drywall left exposed to the elements could easily lead to mold development in a brand-new home. Improper sealing of the walls and foundation areas could also lead to issues with mold that diminish the property’s value and require expensive remediation efforts.

There are delays or substitutions unapproved by the owner

When signing a contract for a construction project, details are key to keeping everyone happy. Construction companies should typically include clauses explaining their policies for unexpected delays, possibly caused by supplier issues, and material substitutions. They also need to communicate when issues arise.

If construction companies aren’t clear about how they resolve these issues and they take action without communicating with the homeowner, the person buying the property may have complaints about an unexpected delay that caused financial hardship or a material substitution that diminishes the value or usefulness of the finished project.

Cut-rate workmanship

Companies performing construction work often want to keep their costs low, and they may hire inexperienced and unskilled individuals to install flooring, paint walls or grout tile.

Homeowners paying a premium for a brand new property will undoubtedly take issue with visible drywall mudding, messy paint jobs and unprofessional-looking tile work. When the final product looks more like something that the homeowner could have produced themselves and not a professional’s work, the homeowner may bring a defect claim to get the company to redo the work or pay for someone else to do it the right way.

Reviewing the contracts for the project is often an important starting place for those hoping to pursue or defend against a construction defect claim.