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What is a construction defect?

It is easy to get confused about what a construction defect is. This is because there is no clear industry definition. However, understanding exactly what a defect is can help you to better handle an issue should it come up during a project in California.

According to Modern Contractor Solutions, a construction defect includes both issues with a contractor's work and issues with products and materials used in a construction project. A defect causes issues with the structure, which can be minor or major. Most often a defect brings a financial burden upon the owner of the property. It does not have to prevent you from enjoying or using your property, though.

The two types of defects can be referred to as workmanship and design. Workmanship includes issues with the contractor's work. It could be anything from not following proper protocols which cause a weakness in a structure to shoddy work. Design defects are those that come from using inferior products or damaged materials in the building process. These issues can come from a wrong choice in materials or the materials could just be defective.

Generally speaking, the liability for defects lies with the contractor and his or her crew, which also includes the architect and any subcontractors. Normally, the owner of the property has no liability. When defects are discovered, it is often up to the contractor to make things right, but you may have to go to court to make this happen. This information is for education and is not legal advice.

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