What is a construction defect?

Generally speaking, construction defects are problems in a building’s design that go beyond mere superficial details. In other words, it probably takes more than a coat of paint to fix.

The four broad categories of construction defects are:

1. Defective designs: A lot of engineering goes into every construction project. One mistake can lead to a serious structural flaw later. A wrong angle and weight on an overhang, for example, could cause a structure to lean.
2. Construction deficiencies: If defective designs can be laid at the feet of engineers and architects, construction defects are the fault of the actual contractors and workmen involved in the building. Slipshod or inexpert work produces substandard results, no matter what the materials being used.
3. Material deficiencies: Contractors sometimes try to sneak cheaper materials in the build to save money — think Chinese drywall — but cheap or defective materials always give inferior results. A waterproofing job that was done with the wrong medium could quickly erode and leave a property irrevocably damaged.
4. Problems subsurface: A good foundation is essential when you build. Without it, you could easily have shifting, flooding, subsidence, slides and a cracked foundation in short order.

Construction defects can involve a lot of different issues, including contractual liability claims. If your building has a serious construction defect, it’s wise to get experienced advice early.

Here are some of the basics that you need to remember when you’re aiming to keep a project on track:

1. Plan ahead for delays and blocks

Bad weather, a sick contractor and delays with materials due to transportation issues can all slow a project down. You need to plan a little wiggle room into your schedule so that minor delays and blocks can be accommodated without throwing everything into disarray.

2. Have a dedicated construction manager

Every big project needs one person to make sure that all of the individual parts are functioning well together. You don’t want to leave the job to the head of each team and hope they coordinate well.

3. Use detailed planning tools

Make use of software services designed to ease projects along and keep everyone on the same page. Having everything laid out in writing makes it easier for everyone to understand their part of the job and know what needs to happen next.

4. Have a clear hierarchy of responsibility

When there are “too many cooks and not enough kitchen help” confusion will reign. Assign clear responsibilities to each party in your project and make sure everyone knows to whom they report.

5. Communicate often and clearly

You want to communicate with your builder, subcontractor, owner or architect often — but don’t do it only by phone or in person. Follow up each verbal communication in writing so there’s no mistaking what was said.

If, despite your best efforts, a serious construction delay lands you in litigation, make sure that you speak with an experienced litigator about your legal options.

We know that the possibility of construction litigation strikes fear into the hearts of those looking to create a new home or business. However, understanding why it occurs may help you avoid such a scenario. Our lawyers want to share with you two common disputes that could lead to construction litigation. We believe this knowledge is critical in avoiding legal proceedings altogether and in preparing yourself if you do end up seeking a judicial solution.

Construction defect disputes: When a contractor or subcontractor allegedly performs shoddy workmanship or uses substandard materials, a defect may occur. Often, construction litigation is the best way to resolve such a dispute. However, with a skilled legal team by your side, it is possible to find an alternate resolution, which can keep you out of a lengthy legal battle.

Scope of work disputes: Sometimes, property owners and contractors believe they agree on the plans and specifications of a building project. Imagine how surprised these parties are when they discover that they have totally different interpretations of a project’s specs. You can avoid this kind of dispute by having an experienced attorney review your plans and your contracts in advance.

Although it is not always possible to avoid construction litigation, our attorneys believe that preparation is crucial to help you succeed when litigation does occur. We urge you to learn more about construction disputes and your legal options by continuing to explore our website.

Some of the most common types of construction defects include:

• Water intrusion
• Structural integrity
• Electrical
• Mechanical
• Expansive soils
• Windows and doors
• Finishes

All of these categories contain many different types of construction defects. For example, water intrusion can result from a cracked foundation, which has the potential to damage the interior of your home, while also providing an environment for mold and mildew growth.

How to pinpoint a construction defect

The best thing you can do is keep a close eye on the construction of your home, while asking questions of your builder if you see something that doesn’t look right.

In some cases, making note of a construction defect early on allows you to avoid additional trouble in the future.

Also, before you close on the home, hire an independent inspector to examine the interior and exterior of your property. Since this person doesn’t work for the homebuilder, they’ll point out any construction defects and/or issues that could occur in the future.

If you find yourself in a dispute over a construction defect, review your contract and discuss next steps with your builder.

Depending on what happens duri ng that conversation, you may need to learn more about your legal rights. No matter how badly you want to move on, letting your builder off the hook for a construction defect could cost you money and time in the future.

As Nevada’s State Contractors Board (NSCP) warns, those hiring contractors who aren’t properly licensed for the work they’re doing may find they’ve signed an unenforceable contract. They could also be liability for injuries and other problems arising on the job. Civil lawsuits are often their only option for relief for work not done or done improperly.

Getting bids and checking references

The NSCP reminds homeowners that a license is not a guarantee. For example, the board urges anyone considering hiring a contractor to get at least three estimates for the completed job and use caution toward surprisingly low bids. The candidate contractors should see accurate plans for the completed job.

The references should be in writing and include enough information to enable asking the earlier customer about their satisfaction. Inspecting earlier work in person is also a good option.

Hiring a licensed contractor

All advertising, commercial vehicles, bids and contracts must include the contractor’s license number. It allows easy confirmation of a valid license and lacking it is warning sign. Using caution is wise in either case, as fraudulent contractors sometimes lift an unrelated contractor’s license number to trick prospective customers.

Laws bind licensed contractors to certain standards

Licensees must meet many other requirements, such as carrying workers’ compensation insurance for their workers and only signing contracts they have the financial means to complete. Licensees must also be bonded, meaning that if a homeowner files a claim, a bond will exist to cover the cost.

Nevada contractor licenses come in classes A (general engineering), B (general building) and C (specialties like roofing, air conditioning, electrical, landscaping, etc.). Contractors should carry their “pocket card” help you tell if they’re a licensed contractor of the right class and are adequately covered.