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New York Construction Law Blog

What you need to know about construction defects

Posted by Karl Silverberg | Jan 18, 2022 | 0 Comments

As a developer, you want your construction project to be completed flawlessly. However, it is not always the case due to the possibility of defects in the building.

While construction defects are fairly uncommon, they can cause a construction dispute whenever they occur. When such defects are noticed after the project is done, you either have to live with them and, if that's not possible, take action to fix them, which can be an expensive undertaking. Here is more on construction defects

What is the cause of the defect?

Flaws in the design of a building can lead to problems, especially if they are noticed upon completion. While the designer is supposed to be thorough enough to prevent such defects, some cases slip through and affect how the building operates. For instance, poor design may make a building prone to flooding. Here, the contractor handling the whole construction process is liable for any fixing needed.

Material defects may occur if there is a problem with the material used during construction. Usually, this may arise from the manufacturer's end and, sometimes, it can only be realized when the construction is complete.

Lastly, workmanship defects arise when the contractor fails to complete construction as per the contract. Flaws in the construction process can arise from errors or lack of skill by the people working under the contractor.

 Dealing with a construction defect dispute

It is not easy to resolve some of these disputes, especially those which involve third parties. There may be a lot of back and forth as each party seeks to avoid blame. However, to safeguard your legal rights, you need to know how to navigate such a dispute when it arises. It could save you a lot of time and money if you handle things right and ensure a solution that protects your interests.

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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