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Design vs. construction defects: What you need to know

On Behalf of | Aug 23, 2022 | Construction Disputes

Construction defects aren’t uncommon. Unfortunately, they occur in more projects in and around New York than many people realize.

However, when they hear about construction defects, they think they are all created equal; however, this isn’t the case. The defect depends on the failure mechanism. The failure mechanism for a construction defect also determines who may be liable for damages or losses that occur.

While preventing defects is a priority, when they occur, knowing your legal rights and options can be helpful.

What is a design deficiency?

A design defect is a failure and can cause a construction defect. It is a failure of engineers or architects during the design of a system or building. Examples include inadequate structural support, poor drainage or a flawed roof. These design flaws may let water into the building, which causes damage.

What is a construction deficiency?

With a construction deficiency, the failure is caused by subpar workmanship. This can cause many types of damage. For example, if the plumbing work isn’t done properly, it may result in leaks that cause mold to grow. If the electric work is not done safely, it may lead to shocks or electric fire. The sub-contractor responsible for the work may be liable, but this isn’t always the case.

Your options to handle construction defects

Unfortunately, construction defects happen often. If a project shows problems that are caused by a defect, you must take steps to show that the defect was not due to your fault or oversight. One way to do this is by documenting the process each step of the way. Knowing your legal options in these cases is invaluable when it comes to defending yourself against a construction defect claim.