Defective and Incomplete ConstructionIn the law, defective construction can be broadly distinguished by two types. The first type is a defect or breach of contract that diminishes the value of the construction itself. Owners' expectations are often shattered by what in their minds is negligent construction. A claim for the first type of defect, however, will generally not be for negligence. The parties expectations for the project are governed by contract. Accordingly, a claim for shoddy workmanship or incomplete construction will generally arise only when the contractor breached an express or implied provision of the contract, and the remedy will be limited to the range of contract remedies. Therefore, attention to details when contracting for construction is essential.
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The second type of defective construction is a defect that causes personal injury or damage to property other than the construction itself. Contractors that build unsafe projects or maintain hazardous job sites that are the proximate cause of construction accidents, personal injury or damage to property other than the project itself, may be held liable for negligent construction in addition to breach of contract. Damages for negligence are generally broader than those for breach of contract and include compensation for such things as pain and suffering that are hard to measure and subject to the discretion of the judge or the jury. For more on defective construction claims and defenses, download the file below. Recognize, however, that the law on defective construction is complicated. In these matters, one is well advised to seek representation from a competent construction attorney.
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| construction_defect_claims_and_defenses.pdf |