Construction defect is a very difficult term, first of all, to identify and define, because it’s a broad scope. It really is a manifestation of a problem in any type of construction, which would include, landscaping.
Any type of contractor work that they do to residential or commercial real estate for purposes of improvement falls into the category provided that there’s something wrong with it.
It doesn’t apply to aesthetics. It applies to the expectation that you wanted it done a certain way and it’s not done that way, but it excludes aesthetics. But by way of example, you have a landscaping project and they’re putting an outdoor fireplace in and they’re running a gas line to the outdoor fireplace and the gas is leaking. That would be a defect, because you reasonably would expect that gas not to be leaking.
Or if they’re putting a roof on your house and they forget to put the felt membrane down ahead of time, or they use the old one that’s on there, that would be a defect. Or they create a situation on your roof where water dams up and doesn’t run off, that would be a defect.
It’s varied and it goes to all contractors in all areas of specialty.
If you want more information on a construction defect please reach out. If you’re wondering how to prove a construction defect occurred you should talk to a lawyer. The question isn’t so much, “How do I prove a construction defect occurs?” The question is more of, “how would a lawyer prove at a trial?” That’s really more of an intimate legal thing. If a client came to me and said, “Yeah, I’ve got this issue,” it’s now my job to figure out whether it’s a defect or not.
Part of what benefit I bring to the client is I have a long history in the construction industry. I’ve personally built and remodeled residential real estate projects and have a life-long understanding of most construction issues.
I’m able to identify, just by the conversation, most parts.
