Aldrich Goldstein

What's considered to be a construction defect?

If you think about your friends that have purchased a new home, it's likely that some of them have discovered that it has some flaws. If not, then they might have had their Portland house remodeled and have later found that the work was performed shoddily. Both of these are examples of construction defects. Each year, countless lawsuits are brought by Oregon residents against their contractors for issues such as this.

How construction defects are defined varies by jurisdiction. Low-quality building materials, poor designs or shoddy workmanship can all lead to a building or a person getting injured. This is why each of these flaws all fall under the umbrella of construction defects.

Defects that are readily visible to anyone inspecting the work product are called patent defects. Those that are hidden from view are referred to as latent ones. Flaws that result from wear and tear over time aren't considered to be construction defects. Those that have an impact on a building's aesthetics or structural integrity do though.

Design defects often result from omissions or errors. They're frequently uncovered by contractors while they're carrying out construction work. They can generally move forward in completing the project once blueprints are changed by the designer.

Workmanship defects generally are caused by a contractor. These types of flaws often occur because they fail to properly construct a building in alignment with their plans. If they leave off certain critical components when building it, then they may be sued.

Construction defects can almost always be attributed to the contractor. This is why it's critical for them to be specific when drafting their construction contracts. Designs should be careful to develop and test their plans to make sure that they're without flaws. It's possible for contractors to be held liable for design omissions and errors unless their contract expresses something else.

Oregon contractors can avoid construction defects by implementing a quality control/assurance program that requires their work to undergo a secondary review.

While it would be ideal if construction defects never occurred, they're inevitable, especially given how many different contractors work on a single project. This doesn't mean that you should have to foot the bill for others dropping the ball though.

A construction defects law attorney who takes pride in offering a superior experience and trailblazing service should be consulted for advice as to how to proceed in your case.

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