Defending against allegations of construction defects


In Louisiana and throughout the nation, one business that is generally immune to extended lulls is the construction industry. Where there is land, there will be people who want to build on it. With that, construction is a potentially lucrative endeavor in both commercial and private settings. However, it is not without its risks. People who are unhappy with a project might try to find ways to get out of paying companies for the work they did. There could be complaints that are not legitimate. Understanding typical construction defects is integral to defending a lawsuit and companies should be aware of them.

A construction defect encompasses the construction project. It can involve its design, the plans, how it was supervised, issues with inspection and legality, and failures to meet goals by the designated time frames. The following are ways in which there can be allegations of construction defects: mechanical problems, lack of structural integrity, water intrusion, failure to have moisture protection and thermal protection, problems with doors, glass or windows, and electrical flaws. There are many others.

The courts will place construction defects into four different categories. They are subsurface deficiencies, material deficiencies, design deficiencies and construction deficiencies. A subsurface deficiency might involve the soil upon which the project was built. Material deficiencies can be due to substandard materials for the project and cracks, leaks and more. Design deficiencies are mistakes made by engineers and architects whose job it is to adhere to certain techniques in constructing the building. And construction deficiencies can range from poor work to defects and anywhere in between.

Companies might have given the project to a contractor or subcontractor whose own work was not up to standard. When there are complaints about a construction project at any level, the company must protect itself through legal means. Having assistance from an attorney who is well-versed in construction can craft a defense and handle complaints.

Source: findlaw.com, "Types of Construction Defects," accessed on Sept. 26, 2017

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