When a construction company undertakes a project, it is not always guaranteed to be completed as the client wanted. There could be disagreements over a litany of factors. One problem that frequently comes up is if there are alleged construction defects.
For a contractor who is alleged to have completed a project and left behind defects, it is important that they understand how to address the situation. It can be damaging to their business in myriad ways if they have bad reviews or a litigation history that other prospective clients can easily find.
Since some construction defects are due to issues out of the contractor’s control, it is beneficial to have the opportunity to repair it. This is known as “curing” the defect. Or they might not agree that there are defects, and they want to fight the allegation. It is imperative to know the law in these matters.
Contractors are granted time to repair the defect
When there is a notice of claim about a construction defect, the property owner – known as the claimant – will have 15 days from when it was discovered to let the contractor know. Despite that time limit, they can still file a claim beyond those 15 days.
Once the contractor has received the notice, they can inspect the property to assess the alleged defect. The claimant is required to give the contractor access to the property to perform this inspection. The contractor can perform a variety of tests – including destructive testing – to find the problem and its cause. If the testing causes any damage, the person conducting that test is required to repair it.
The contractor will have options when determining how to proceed. They can offer to repair it without charge. If, for example, there was faulty material used, they can replace it. If there is a leak, they can repair it. They can even restart the entire project.
They can also offer to compromise with the claimant by paying them within 30 days after the claimant has agreed. Perhaps the damage is not significant, or the claimant wants someone else to repair it.
The contractor can also say they do not believe there is a defect and refuse to repair it, nor will they compensate the claimant. Obviously, this can cause a dispute between the claimant and the contractor. But perhaps the contractor does not believe there is any type of defect and they conducted tests to prove their point.
Contractors must know how to handle alleged construction defects
It is important to know that the claimant might then choose to move forward with litigation. There are a seemingly endless number of reasons why a claimant might say there are defects. That includes wiring, electronics, drywall, drafts, leaks, faulty materials, foundational mistakes and more.
There could be effective avenues of negotiation that can settle the dispute. Or it might be necessary to go to court. Regardless of the situation, it is imperative that a contractor know their rights and be shielded from any problems that can arise from allegations of construction defects.
