Commercial construction defects can be a significant concern for property owners, developers, contractors, and other stakeholders involved in construction projects. Addressing these defects in a timely and effective manner is crucial to ensure the safety, functionality, and longevity of the structure.
Here are some commonly asked questions about commercial construction defects:
- What are common types of commercial construction defects?
- Common types include foundation problems, water leakage, structural issues, roofing defects, electrical and plumbing problems, inadequate insulation, improper installation of materials, and code violations.
- What causes commercial construction defects?
- Defects can arise from various factors, including poor workmanship, design errors, substandard materials, inadequate supervision, lack of adherence to building codes, environmental conditions, or a combination of these.
- How can construction defects be prevented?
- Prevention involves careful planning, thorough design review, effective project management, proper material selection, skilled workmanship, adherence to building codes and standards, regular inspections, and open communication among all project stakeholders.
- Who is responsible for addressing construction defects?
- Responsibility typically lies with the parties involved in the construction process, including the contractor, subcontractors, architects, engineers, and material suppliers. Legal contracts and agreements often outline the responsibilities for defects and their resolution.
- What are the potential legal implications of construction defects?
- Construction defects can lead to legal disputes, including lawsuits, claims, mediation, or arbitration. The responsible parties may be held liable for repairs, replacement, or compensation for damages resulting from the defects.
- How do you identify construction defects?
- Identifying defects involves inspections, assessments, and evaluations by qualified professionals. Common signs include cracks, leaks, uneven surfaces, electrical problems, and other visible or functional issues.
- When should you address construction defects?
- Construction defects should be addressed as soon as they are identified to prevent further damage and mitigate potential safety risks. Early intervention can often reduce repair costs and minimize disruptions.
- How are construction defects typically remedied?
- Remedies vary based on the nature and extent of the defect. They may include repairs, replacements, retrofitting, strengthening, or even reconstruction. Legal settlements and insurance claims may also play a role in covering the costs.
- Is insurance available to cover construction defects?
- Yes, there are insurance policies such as builder’s risk insurance, commercial general liability insurance, and professional liability insurance that may provide coverage for construction defects, depending on the policy terms and conditions.
- What should I do if I discover a construction defect in my commercial property?
- Document the defect, notify the responsible parties in writing, seek professional advice, conduct necessary inspections, gather evidence, and consider consulting legal counsel to determine the best course of action to address the defect.
It’s important to consult with professionals, such as attorneys specializing in construction law or building inspectors, when dealing with commercial construction defects to ensure appropriate and timely resolution.
Stanley Law Firm Receives a $6.75 Million
Jury Verdict for Construction Defect
Stanley Law Firm, along with co-counsel Kelaher, Connell, and Connor, received a jury verdict for their client in the amount of $6,750,000 against a developer/general contractor.
This case involved a nine building, 111 unit condominium project “HOA” in the Barefoot Resort area of North Myrtle Beach, SC. Through investigations by a forensic architect, the HOA identified numerous violations of building code, industry standards, and manufacturer specifications by the developer/general contractor from original construction.
As a result of the construction violations, the HOA brought suit against the developer/general contractor for several causes of action including….
