When we think of construction defects, it’s usually the big, obvious problems that come to mind—like a house settling unevenly, causing cracks in the brand-new foundation, or faulty plumbing and electrical systems that leave homeowners with a half-functional house. These major issues are clearly defects, and they must be fixed if the homeowner is going to feel satisfied with their investment.
But what about the smaller issues? It’s important to remember that even minor problems can still be considered construction defects. Imagine paint peeling because it wasn’t applied correctly, or the wrong type of cabinets or flooring being installed. While the home might function just fine, it’s still not what the homeowner agreed to or paid for. These kinds of cosmetic defects can be just as frustrating, leaving homeowners feeling shortchanged.
Why Do These Defects Happen?
At the heart of these disputes is one key question: why does the defect exist? Sometimes, it’s a simple mistake. Maybe a subcontractor installed the wrong flooring, despite being given the correct specifications. In this case, the issue is clear-cut.
However, other times, things get more complicated. What if the homeowner repeatedly changed their mind during construction? They might forget their latest choice and think something is wrong when, in fact, the builder followed the contract to a T. In cases like this, the “defect” might not be a defect at all—it’s a matter of miscommunication or unmet expectations.
Understanding Your Legal Options
Construction disputes, whether over major defects or minor cosmetic ones, can quickly become complex. If you’re a construction company owner, it’s crucial to understand the root of the issue and explore all of your legal options to protect your business.