Residential homeowners and those who have invested in commercial real estate often view construction as a way to protect or even enhance their prior investments. Regardless of the intent or scope of the construction project, the potential exists for something to go terribly wrong.
Property owners sometimes have to pursue construction defect lawsuits because projects do not go the way that they expect after hiring a professional or business. How can those who own real property protect against construction defects?
Monitor for common issues
There are several types of common construction defects that can diminish the returns on any investment made by property owners. Those hiring professionals for new construction, major renovations or expansions often need to be very thorough regarding their expectations for the finished project. They should remain actively involved during construction to the best of their ability so that they can spot poor workmanship or other warning signs of potential defects as soon as possible.
Identify and document issues
Thoroughly inspecting the completed project, ideally with an unaffiliated professional, is the fastest and most effective way of identifying defects after the completion of a project. Property owners may need to review what materials construction companies actually use, especially if they request prestige finishes.
They may need to have professionals review the major systems at the property, such as the plumbing. They may also need to keep records of matters such as water incursion or mold development in the first year after the completion of the project to track any signs of poor workmanship or regulatory non-compliance. Any issues that do arise require thorough documentation. Written notes, photographs and reports put together by professionals can all help establish that a defect exists.
Seek appropriate remedies
Especially when property owners are very clear about their expectations in contracts and communications, they can hold construction firms and professionals accountable for defects and contract breaches. Doing so requires legal action in the form of a construction defect lawsuit.
An attorney can help a frustrated property owner determine the appropriate forms of legal remedy to request. The courts can award damages based on the economic impact that the construction defects have. Property owners can recoup the cost to repair the property or the diminished resale value caused by the construction defects. The courts can also theoretically compel a professional or business to correct work to bring it in line with contractual obligations or regulatory standards.
Poor workmanship and contractual deviations may open businesses and professionals up to litigation. Monitoring carefully for construction issues and taking prompt action after uncovering construction defects can help people protect their most valuable resources.