Construction projects often involve legal disputes about a variety of things from delays and liens to breaches of contract and payments. One issue that may come up during your renovation or building project is a construction defect. Read on to learn what that is and how a construction defect lawyer Los Angeles can help.
Construction defects are typically broken up into three main categories: design defects, material defects, and construction defects. Experiencing any of these defects can delay a project’s completion, increase the costs, and if not caught early enough, can even lead to injuries. That’s why it’s important to consult with a construction defect lawyer Los Angeles as you negotiate your construction contracts. An experienced construction lawyer can help protect you from liability and defend your interests in court should it come to that.
Design defects refer to problems created during the project’s design phase, such as issues related to blueprints or the design of a particular part or structure. For example, if an architectural plan has an inherent flaw in the calculations that will prevent the rest of the work from being completed according to the plan, then that would be considered a design defect.
Design defects can result in changes to the scope of work or require major changes to a building project that’s already begun, increasing labor, equipment, and material costs. If the project is completed without the design defect being detected, it could lead to property damage or even injury down the line. Because someone has to pay the additional costs incurred by the design defect, construction disputes are common in these situations. That’s why it’s vital that you consult with a construction defect lawyer Los Angeles as you negotiate your construction contracts in order to limit your liability.
Material defects refer to issues that arise from using either the wrong material or an inferior material. If the material defect is caused by the manufacturer, the contractors using it may not notice the defect until it’s already been incorporated, resulting in additional labor and material costs. If the material defect is due to a contractor using the wrong type of material for that specific situation, it likely won’t be noticed until later on.
For example, if the waterproofing membranes that are used in the project are not appropriate for that particular location, that would be a material defect. In that instance, it likely would pass by unnoticed until it had an effect on the rest of the building process or on the homeowner upon completion. Material defects can be extremely costly, but a construction defect lawyer Los Angeles can help defend you from material defect claims or help you pursue claims against contractors, subcontractors, or manufacturers that have caused the error.
Construction defects refer to errors made by a contractor during the construction phase and can also be called workmanship defects. These defects usually result from either a contractor not following the plan specifications or from lack of skill. A workmanship defect can include structural deficiencies, aesthetic deviations, and code violations. These types of defects can result in construction disputes and injuries as well as lawsuits by homeowners who may discover the issue later on.
An example would be if a contractor were to lay a slab for the foundation of a house that was not level. That would be a construction defect because it is not an inherent issue with the design, but rather with how it was installed. Workmanship defects are often costly because of the time and materials it takes to redo the work that was done improperly as well as redo the other work that was affected by the defect. A construction defect lawyer Los Angeles can help you navigate the legal process to obtain compensation for the damages caused by faulty workmanship or to protect you from liability as a contractor.
The best way to prevent disputes over who is liable for costs incurred by construction defects is to carefully vet your construction contracts with the help of a construction defect lawyer Los Angeles. The contract clauses will lay out who is liable for which potential issue as well as define the methods for resolving any liability disputes should they arise. The best way to ensure your interests are protected is to hire an experienced construction attorney to help negotiate your contracts.
If you do end up with a dispute on your hands, it’s important to have a lawyer you can trust standing by your side in court. Whether you’re filing a claim or defending against one, our team at Artemis Construction Law has years of experience dealing with construction law. Our attorneys will not shy away from litigation and will fight for your interests to the very end. Contact us today for a free consultation.