Construction Defects

Q: What is a construction defect?
A: A construction defect is a condition in your home that reduces the value of the home. Some defects are obvious such as water seepage, but many are less obvious and do not become apparent until years after the home was built.

Construction defects cover a broad spectrum from minor problems like popped nails and peeling paint to situations when a house may need to be torn down due to the costs to repair it. Some cases involve leaky walls and/or windows that have led to toxic-mold contamination. Other problems include faulty design, code violations, cracked foundations, substandard workmanship, and unsafe structures. The number of homes with construction-defects has risen in recent years because houses were being constructed in record numbers to meet the high demand for housing. Many general contractors are inexperienced and others mass produce thousands of houses. The home construction industry is intensely competitive. Many builders respond to the competition with low bids for contracts, then cut corners, and frequently employ unskilled or overworked subcontractors and poorly supervise subcontracted work. At a time when government regulation is more important than ever, government inspection departments do not have the funding to adequately inspect homes and often approve below-par construction. The combination of these factors results in homes that are built with serious defects.

Types of Construction Defects (See Defect Gallery here)

Construction defects usually include any deficiency in the performing or furnishing of the design, planning, supervision, inspection, construction or observation of construction to any new home or building, where there is a failure to construct the building in a reasonably workmanlike manner and/or the structure fails to perform in the manner that is reasonably intended by the buyer. Some of the most common defects include:

• Water intrusion (often resulting in toxic mold)
• Thermal and moisture protection
• Incorrect stucco application (almost all homes are done improperly)
• Doors, windows and glass
• Structural integrity - concrete, masonry & division, carpentry, unstable foundations
• Finishes
• Mechanical
• Electrical

 

In general, construction defects can be categorized in one of four categories: design, material, construction, or subsurface deficiencies.

•  Design Deficiencies - Design professionals, such as architects or engineers, who design buildings and systems do not always work as specified, which can result in a defect. Typical design deficiencies relate to building outside of the specified code. Roofs are an example of a typical design defect that results in water penetration, intrusion, poor drainage, or inadequate structural support.

•  Material Deficiencies -The use of inferior building materials can cause significant problems, such as windows that leak or fail to perform and function adequately, even if properly installed.

•  Construction Deficiencies - A common Poor quality workmanship can result in a long list of defects. A typical example is water infiltration through some portion of the building structure, which may create an environment for the growth of mold.

•  Subsurface Deficiencies - A lack of a solid foundation may result in cracked foundations or floor slabs and other damage to the building. If subsurface conditions are not properly compacted and prepared for adequate drainage, it is likely the property will experience problems such as improperly settling to the ground (subsidence), the structure moving or shifting.

Construction Legalities

IRBC, is not a legal firm and does not provide legal advice. If you believe your home suffers from a defect caused by the builder, or another party, protect your rights. Talk to an attorney with experience in this complex area of law.