Contractors are hired to complete specific projects and typically take pride in the work they produce. Most of them have clear contracts that include all the applicable information about the job, including the scope, timeline and cost.
While most construction jobs are completed successfully and result in happy clients, there are times when contractors may find themselves in the middle of a construction defect claim. These cases must be handled carefully, so it’s critical to explore all the options.
Challenging the validity
One of the first defenses is disputing whether a defect actually exists. Some construction defect claims are subjective, which can make them difficult to prove. These are much different from claims where there’s a genuine construction defect. There’s also a chance that the perceived defect is actually the result of normal wear and tear. In these cases, calling in independent experts may be necessary.
Contributory negligence of the owner or third parties
If the property owner failed to maintain the structure properly or made modifications that contributed to the defect, the contractor may be able to claim contributory negligence as a defense. Similarly, if subcontractors or suppliers caused the issue, the contractor might be able to shift liability to those parties.
Compliance with codes and standards
Many construction projects have specific building codes and standards. Contractors who can show compliance with those can use that as part of their defense against the claim.
Construction defect claims can evolve into complex cases, depending on the issue at the heart of the matter. With that in mind, contractors should consider working with someone who’s familiar with construction defect claims and the possible defense strategies to use against them.