What can be done about a construction defect?

On Behalf of Dunlap Fiore, LLC |

When beginning a business, the first thing Louisiana residents are likely looking for is a good site to begin construction upon or a good building to start one’s company up in. When a building that fits the description of what is being sought, it might seem too good to be true. However, if there are construction defects then it probably is too good to be true.

When a building fails to meet reasonable performance expectations that the building owner, user or building code created, it has a construction defect. While many people associate structural collapses with defects, those are not the only ones. More common are skewed door and window openings, leaking or sagging roofs, excessive floor vibrations, poor ventilation, leaning or cracking walls or sloping floors. While these problems may be hidden from plain sight initially, they do eventually become visible and adversely affect property values.

While there are a number of reasons there might be defects in the construction of a building, the primary concern is what should be done if one is discovered. First of all, use of the building should be ceased or curtailed, depending on the scope of the defect. Secondly, the defect should be identified and documented, after which a remedial program should be initiated. While it would be nice to turn to the original team to resolve the defect, this is always not possible which is why third-party engineers and architects might have to step in to provide independent recommendations.

Construction defects are not only costly to resolve, they are also time consuming. They could have also most likely have been avoided had the original team been more careful and followed a good plan. Resolving the issue might take finances one has not budgeted for, which is why speaking to an experienced attorney about one’s legal options for financial remedies might be a good idea.