Daily Law Group
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Construction defects: Things you need to think about

Just the same as a home, when you hire a contractor to construct a commercial building, you expect them to do so with integrity. While this typically happens, there are times when things go wrong.

If you come across a construction defect, the first thing you should do is talk to your contractor. It's not always an easy conversation to have, but it's often the simplest way to find a solution. By working together, you can resolve the problem in a timely manner, thus saving both parties additional stress.

Unfortunately, just because you want to work things out doesn't mean your contractor will feel the same way. They may fight back, telling you that they did nothing wrong and have no intentions of assisting you.

In this case, it's time to learn more about your legal rights. This starts with outlining the problem or problems, and collecting evidence to back up your claim. Some of the most common defects include:

  • Poorly designed roof that results in structural issues
  • Foundation issues, such as crumbling or cracks
  • Use of defective or outdated building materials
  • Poorly installed electrical or plumbing systems
  • Poor grading, leading to settling and/or a cracked foundation
  • Mold as a result of improper ventilation

Who is responsible for the defect?

As noted above, speaking with your contractor is often the best way to clear the air. This will lead you to learn more about who is responsible for the defect.

In some cases, your contractor is 100 percent to blame. However, you may come to find that a subcontractor or manufacturer of a particular product should also bear some of the responsibility.

Regardless of who is at fault, it all falls back on your contractor because they are responsible for proper completion of the project.

What to do next

In addition to collecting information and evidence, you should learn more about your legal rights. Assuming that there is nothing you can do and that you have to deal with the issue on your own is a mistake.

If your business is dealing with any type of issue regarding a construction defect, visit our website to learn more about your legal rights in the state of California.

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