Who Is Responsible For Construction Defects?

Law Blog

When a homeowner moves into their brand-new property, they might discover defects that require repairs. If the problem is serious enough, the home might not be in livable condition until repairs are completed. The homeowner wants to seek compensation from the responsible party in order to pay for these repairs and any temporary living accommodations. However, the construction of a new home involves many different parties, including builders, designers, material and equipment manufacturers, inspectors, and others. How is it determined who's responsible for the defects?

Uncovering the Cause of the Defect

Most construction defects have their roots in one of three problems: bad design, improper execution of the design, or poor communication. It's possible for a combination of these issues to result in a defective property as well.

Every building starts with a design. If the homeowner designed a custom home, then they or their general contractor might be at fault for the design flaws. Even if the general contractor hired out the design to architects and engineers, it's likely that the general contractor would still be held liable for the work of any subcontractors in the design phase. A construction lawyer would need to inspect the contracts between the parties to identify the language used to assign liability for problems in the design of a building.

Problems With Construction

If it turns out that the defect came not from the design phase but from the construction, several parties could be liable. A construction lawyer might uncover problems with the building crew; perhaps they were not licensed as advertised or other issues led to poor workmanship. There are many people who work on new construction, from electricians to plumbers and HVAC specialists, so there are multiple opportunities for workers to commit errors.

Alternatively, the defect in the home could be due to inadequate materials. Perhaps the construction crew executed their tasks perfectly, but the materials ordered were incorrect. If there was a defect in construction materials that the manufacturer or supplier knew about but failed to disclose, that would make the manufacturer liable for the homeowner's financial losses. A construction lawyer may investigate to determine whether the materials used for a building, from everything to the support beams to the roof shingles, were ordered and installed according to the contractor's plans.

Inspections

Another potential source of liability for construction defects is in the inspection phase. If contractors or other professionals inspected the home and overlooked problematic designs or construction, then they might bear some of the responsibility for the homeowner's losses. It often depends on the language in the inspector's contract regarding whether they will be held liable for hidden defects.

Given the many people involved in the building of a new property, there are multiple ways for poor communication or shoddy handiwork to cause issues in construction. It's wise to have legal counsel review all contracts for each step of development. Reach out to a construction attorney to see if you have a case. 

18 March 2021