Construction Defects

A construction defect is an error in the design or construction of a building that reduces the value of the structure and may endanger health and safety. A construction defect can be caused by a variety of factors, such as inadequate design or poor workmanship or the use of inferior materials. Common examples of construction defects include water leakage, faulty electrical or heating systems, indoor mold growth, dry rot and unstable landscaping.

Construction defects are not uncommon in large buildings such as office buildings, hotels and high-rise condominium projects, as well as single-family homes and condominiums. Some defects are easily repaired, while other defects may require a significant amount of work. Some defects, such as water leaks, are obvious. But many defects are hidden and do not become apparent until years after a building was constructed.

Most contractors are reputable members of the community and welcome the opportunity to inspect and repair their work. However, some contractors may be out of business when a construction defect is discovered, or may be reluctant to repair their work.

In order to resolve construction defects, it may be necessary to make an insurance claim or consider mediation or litigation. The evaluation and resolution of a claim for construction defects requires professional analysis to properly analyze and document the nature and extent of the defects, review the available repair processes and technology, calculate the cost of repair, review the availability of insurance coverage, evaluate and select an experienced repair contractor, and supervise the repair.

To review our article published in the Hawai'i Bar Review on managing a complex Construction Defect case, click here.

Please contact us at the Law Offices of Charles L. Carson to discuss your questions and concerns.