Phone: 619-238-4900

Cause and liability for construction defects

Construction projects are all around California and other states across the nation. Whether it is a home, building, road or other structure, even a minor project has several working parts that involve various individuals and parties. Thus, when issues arise, one or more parties could be at fault. Construction defects can show up during a construction project, which could significantly disturb the overall project. Thus, it is important to understand what these look like and who could be liable for them.

Construction defects

With regards to home construction, a construction defect is when there are problems or mistakes in the construction work done on a home. This can involve issues regarding the workmanship, the design of the home, the materials used, the engineering and other issues. A matter arising from a construction defect will be based on a contract that exists between a homeowner and developer, the homeowner and the contractor or subcontractor, the contractor and their suppliers, architects and engineers and the homeowner and anyone else involved in the construction of the home.

Liability and cause

A construction defect could be the result of various different acts. There are five that will be discussed that can place liability on the party at fault. First, it could be due to negligence. This means that reasonable care was not used in the construction process. Second, there could be a breach of contract. This typically involves the breaking of an obligation in the contract, not following the purchase or sale document or not following the escrow instructions. Next is breach of warranty. This means that a warranty was not followed. Oftentimes, a contract will have warranties about the condition of the property. Thus, if it is stated that something should be workable for a set amount of time and stops working during that timeframe, it could be fixed or replaced free of charge.

Fourth, a strict liability claim could arise. There is an implied warranty of habitability. This puts strict liability on the general contractor. While negligence does not need to be proven, it must be proven that the house in not habitable and the contractor or developer was involved in the production of the house. Finally, fraud could occur. Fraud is the intentionally misrepresentation of the quality of the construction. With

A construction defect could cause serious disruptions to a construction project. These could be minor issues; however, they could significantly impact the overall project. Thus, it is important to understand one’s rights when these arise during the construction of a structure. This could help address the issues at hand and help correct any losses or damages caused by the defect.