Disputes over defects in construction are very common within the industry. In many instances, it isn’t certain whether an issue classifies as a defect or what steps should be taken to resolve it.
In cases of construction disputes, assigning liability for the defect is imperative for resolving a claim.
What are defects?
Defects often refer to work that falls outside the requirements or specifications set out in the contract or which is not fit for its intended purpose. There is no one legal definition of what constitutes defective works, it is determined based on the facts of a specific matter.
It can, however, include faults with materials, design or workmanship, which can lead to issues with structural integrity, roofing or electrical systems, for example.
Work doesn’t need to be carried out poorly to qualify as defective. Something can still be defective if it fails to meet a specification in the contract, even if it is carried out with all due care and skill.
Defects typically fall into two categories: patent and latent.
- Patent defects: These are faults that can be discovered under reasonable inspection by a skilled party such as an architect or engineer. These faults include cracks in walls, tiles or ceilings, uneven sunken or bowing floors and ceilings, improper installations, damaged or missing items and misaligned or faulty windows and doors.
- Latent defects: These are hidden faults that are not detectable on reasonable inspection, which may lead to issues years down the line. Latent defects include things like structural weakness in foundations, defective waterproofing or insulation, hidden corrosion in steelwork and poorly installed pipework in walls.
Patent defects tend to be easier to fix as they tend to become apparent during the snagging phase or within the liability period.
However, latent defects may appear years down the line, so submitting a claim may be difficult.
Who is responsible for fixing defects?
Responsibility for fixing construction defects will usually depend on the terms of the construction contract, the nature of the defect and the role each party played in the project.
Contractors are generally responsible for carrying out the construction work needed to complete the project and for meeting the obligations set out in the contract.
If a contractor fails to perform the work as required, this may give rise to liability for a defect claim.
Where a contractor has followed the plans and specifications provided, they will not usually be responsible for defects caused by those plans, unless they have design responsibility within the contract. There is often a blurring between what is a construction defect and what is a design defect.
However, if the contractor knew, or should reasonably have known, that a plan or specification was defective, they may have a duty to raise those concerns. Failing to do so could expose them to liability for the resulting defective work.
Designers may be responsible where a defect results from their design work, such as errors in calculations that lead to structural problems.
Owners may be liable if they provide inaccurate information to developers, contractors or designers and that information contributes to significant defects during the building process.
Manufacturers may also be liable where defective materials cause or contribute to a construction defect.
How can we help?
Defect disputes can often be costly and time-consuming and assigning blame can be difficult.
Our team of talented solicitors are here to help you. We will help you assess the claim and guide you through the resolution process quickly and professionally.
Get in touch with us today for expert advice on managing commercial disputes.