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What is a construction defect?

| Oct 16, 2020 | Construction Law |

Those who are building a property in the Sarasota area believe that their contractors know what they’re doing and that the property will turn out as expected. But occasionally property owners discover something wrong that happened during construction. A construction defect is something that can happen to anyone and it is important to understand what a construction defect is.

Two types of construction defects

There are two general types of construction defect:

  • Patent defects-these are defects that are readily obvious upon inspection.
  • Latent defects-defects that are concealed and not readily observable.

Construction defects can include both design and workmanship problems

A design defect can result from a design professional’s failure to create accurate work documents for the construction project. A design error is a mistake that is usually caught by the contractor during construction and requires a replacement or redesign to correct the error.

A workmanship defect results from a contractor not building according to the plan. Things can be improperly installed, or certain necessary items may not have been installed in the first place. Or there was an error in soil compaction.

Remedial action for construction defects

If a person believes that their project had a construction defect, they may want to speak with an attorney who specializes in construction law. An attorney understands that sometimes designers and contractors cut corners and don’t follow the plan or create bad plans. An attorney understands the complexities that can arise from a suspected construction defect and will work hard to make sure the defect is addressed and fixed. An attorney can work through a variety of highly technical construction defects including stucco failure, water leaks, structural failures, roofing defects, etc. Having an attorney there to offer suggestions and hold the contractor accountable is important for a property owner.

 

Board Certified Civil Trial Lawyer

Dana Watts is a board certified civil trial lawyer by the Florida Bar Board of Legal Specialization with more than 30 years of litigation experience. He also received an AV* peer review rating through Martindale-Hubbell.

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Dana J. Watts Attorney at Law

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