Construction defects are more common than people think. There are times where they are found immediately and then there are times where they are found years after the construction has been completed. Some are very noticeable, while others are difficult to spot. Either way, construction defects are a problem. Today, we will take a look at legal liability in construction defects.
The contractor or developer on the job is required by law to exercise a legal duty of care that is typically employed by other contractors or developers. There is an extension of the duty of care to all those who could be harmed by a construction defect, such as future buyers of the property. Contractors and developers are also responsible for the negligence of their subcontractors.
If a construction defect is found, the contractor or developer can be sued for breach of contract. This would be for a breach of an obligation that was included in the contract. For the most part, this will need to go further than the builder simply failing to construct the property following the outlined plans.
Breach of warranty is another way a developer or contractor can be sued when it comes to construction defects. The warranty usually explains the condition that the property is in upon purchase. There are times when courts hold contractors to what is implied, which means that the property was built in a reasonable manner.
If you have a question about legal liability and construction defects, an experienced construction litigation attorney in Orange County can help.
Source: Findlaw, "Legal Liability for Construction Defects," accessed Oct. 12, 2017