Construction Disputes and Defects:
What are they and how do you handle them?
There is no true definition of a construction dispute or construction defect. A dispute is simply a disagreement, argument or debate. A defect is a shortcoming, imperfection or flaw. Both are subjective to the parties involved and every individual case needs to be handled differently. It is rare that any two cases are exactly the same. There are many variables to take into account.
There is a difference between the type of dispute or defect as well. Some defects or disputes are unavoidable. A nuisance claim can be filed for many reasons, a squeaking floor, a lack of maintenance, or normal wear and tear. Whereas, true construction defects range from things such as, major foundation and water damage issues, to more aesthetic issues; flaws in paint, wood grain cracks, window leaks and door seals.
Examples of typical construction defects include but are not limited to:
- Foundation cracks and water damage.
- Mold and mildew due to defective windows, siding, roofing, etc.
- Roofing installed incorrectly.
- Flashing installed incorrectly.
- Windows and siding installed without proper sealant or weather striping.
- Exterior dry rot.
- Settling issues.
- Circulation issues.
- Recalled materials.
If you determine there is a construction dispute or defect you should examine it thoroughly and review your contract to come to an agreement with the other party. Both sides deserve a fair outcome. If you have attempted to resolve the matter and no resolution can be made, please contact us.
Millard & Bragg Attorneys at Law P.C. practicing law in Oregon and Washington.