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As a general rule, if the owner hired whoever drafted the construction plans, or if whoever drafted the faulty plans is an employee or agent of the owner, it is the owner who will be liable for defective plans.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
Common Types of Construction Defects Water leaks are by far the most common construction defect. ... Another common issue is foundation movement. ... Concrete that is cracking, scaling, or spalling may cause issues to nearby property or may require premature replacement.
A construction defect is any physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.
There are generally four categories of construction defects: construction deficiencies, design deficiencies, material deficiencies, and subsurface deficiencies.
Construction Defect Law and the 'Right to Cure' Statute of LimitationsNorth Dakota6 years for contracts and tortsOhio8 years for contracts2 years for tortsOklahoma5 years for contracts2 years for tortsOregon6 years for contracts and property damage2 years for personal injury47 more rows
Such as failure due to poor quality workmanship, which can result in a range of damages. Improper plumbing work causing leaks that might promote mold growth or damage electrical wires in a wall is an example.
Generally, a defect under a construction contract is work which is not performed in ance with the requirements of the construction contract. To assess what a defect is requires an examination of the terms of the contract to understand what was required of the contractor.