Construction defects claims can be costly and time-consuming. It is helpful for those engaged in the construction trade from general contractors to architects and engineers to know how to guard against construction defects claims and defend themselves against them when needed.
There are some steps you can take to help avoid construction defects claims. To begin with, you should make sure you are as protected as possible in your contract. Review the contract and ensure that accountability for various aspects of the project are properly assigned. It is important to clarify legal and financial responsibilities and to confirm all stakeholders in the project are contractually responsible.
In addition, it is important to understand your liability protections and to address any coverage gaps and claims-related costs. Maintaining a strong quality control program early on that is followed is also important. All parties should be involved in the quality control plan and pre-construction meetings should be regularly held to discuss details of the project when potential problems may be addressed early on. All of these steps should also be thoroughly documented. Ensuring your contract is properly negotiated and executed to begin with and that you have a documented quality-control program in place can help if the need to develop defense strategies arises later on in the context of litigation.
Construction defects claims are common
A study revealed that 75% of those engaged in the construction industry reported being involved in a construction defects claim or dispute in the preceding five years. Construction defects claims are the most common and can arise in a variety of situations which is why it is important to be familiar with how construction law resources can help you and may be able to offer critical defense protections based on the unique nature of your dispute.