Types of Construction Defects

Any construction defect inside a home or structure reduces its market value. These defects may arise from:

• Negligence from the contractor’s part
• Flaws within the architect’s design
• Defectively manufactured materials
• Incorrect installation
• Improper use of materials

Depending on the defect, determining whether a structural abnormality is a construction defect or not can involve the following factors:

1. The compliance or non-compliance of the builder with regards to building codes and standards
2. The manner of which the construction itself was conducted
3. The condition of the materials used during construction
4. The behavior of the people involved in the construction

Construction experts are often consulted in construction defect claims to determine whether a construction defect is a result of negligence, improper design and/or substandard materials and practices.

Defects involved in construction defect claims include:

• Molds – can be found almost everywhere, these organisms can cause diseases and significant structural damage. Excessive moisture resulting from unchecked water leaks or leaking roofs can result to a mold infestation. Molds typically produce allergens and other potentially toxic substances that can wreak havoc to a person’s immune system.
• Water and drainage issues – there are several housing projects wherein waste water is brought back inside the house or has leaky pipes and faucets than can potentially cause serious accidents.
• Electrical systems – improperly wired electrical systems can result to fire and severe personal injury.
• Landscaping and soil conditions – Soil conditions and the surrounding landscapes are naturally occurring and thereby uncontrollable but it is part of a contractor’s job to look into these details and advice their clients on the best steps to take to avoid any future complications.
• Structural defects – being in an earthquake zone, California has certain building codes and standards that aim to protect its citizens from injury. Having a poorly engineered foundation or a building with sub-standard structural materials can cause severe damage.
• Wood rot – when wood is exposed to excessive moisture for a long period of time, fungal growth would start to appear and this can in turn affect the structural integrity of the building.

Trial courts have realized the complexity of such construction defect claims and have classified construction defects under four major categories:

1. Design Deficiency – Building designs don’t always work the way that they were envisioned and sometimes, this would cause the defect. Roofing systems typically encounter this kind of construction defect.
2. Material Deficiency – Substandard materials used in construction can cause problems in the future. These can be manufacturer defects or poorly installed materials. Contractors have the responsibility to check a manufacturer’s track record before using any of the products being offered.
3. Construction Deficiency – These are deficiencies that can be seen as poor workmanship. A good construction practice requires the employment of trade masters who specialize in a particular field of construction.
4. Geotechnical / Subsurface Problems – The United States have a wide range of soil conditions and several locations within the country have difficulty in providing stable foundations. These geologic defects would cause a house to be uninhabitable and/or uninsurable.