Who is responsible for construction defects on a house?
Who is responsible for construction defects on a house?
The owner’s view is that the designer is obliged to produce plans and specifications that are sufficient for their intended purpose and the contractor is responsible to build the project in accordance with those plans and specifications. However, the owner may be responsible for construction defects in certain circumstances.
Why are construction defects so common in condominiums?
Construction defects that allow water to penetrate are more likely in these types of building. Also, maintenance is more difficult and remediation efforts like mold removal are expensive. A contractor who is focused on developing multiple projects might see an opportunity to cut costs in construction.
When does a construction defect need to be reported?
A construction defect occurs whenever finished or partially completed construction fails to perform as required by applicable contract documents or accepted standards.
Can a condo association claim damages for negligent construction?
As stated below in greater detail, a unit owner can seek damages for a breach of contract, while the condo association does not have any standing in this area. Conversely, negligent construction is an area where the condo association has exclusive authority to file a claim.
Construction defects that allow water to penetrate are more likely in these types of building. Also, maintenance is more difficult and remediation efforts like mold removal are expensive. A contractor who is focused on developing multiple projects might see an opportunity to cut costs in construction.
When do you notice a construction defect in a common area?
When you notice a construction defect in a common area it is important to notify the other unit owners and to solidify cooperation among the owners effected by the construction defect. The group of effected condo unit owners then can approach the condo association together to address the construction problems.
Who is responsible for structural defects in a building?
If the defects are inside the individual’s condominium, it may not be the responsibility of the association to repair the defects either. The individual may be solely responsible for the repairs. Knowing what would be considered structural defects in buildings will help individuals identify them and take action.
As stated below in greater detail, a unit owner can seek damages for a breach of contract, while the condo association does not have any standing in this area. Conversely, negligent construction is an area where the condo association has exclusive authority to file a claim.