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The Project or a Component Does Not Work as IntendedĪ construction defect exists where the structure or any of its systems do not work as intended.

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The specifications – typically supplied by the project design professional with the plans – provide even more detail not evident from the drawings that identify the materials to be used, the performance requirements for aspects of the project and the methods of application to be employed.Īny material deviation from the plans or specifications is a defect, no matter how well the work was performed, even if the structure and all of its systems perform properly. Construction project drawings include plans prepared by the architect, surveyor and consulting engineers (site plans, structural plans, mechanical plans and electrical plans) as well as more detailed drawings prepared by the contractor, subcontractor or supplier (shop drawings) that are submitted to and approved by the project design professional. There are many types of construction defects, including:Įvery construction project is built based upon drawings and specifications that tell the contractor what to build and the quality of the materials to use. In a broad sense, a construction defect is any element of a structure that fails to (a) perform as intended, or (b) conform to the contract requirements. It is essential to identify both the manifestation of the defect and the defect itself, because correcting only the symptoms will not correct the problem. Similarly, movement of the supporting structure, the foundation, or the underlying earth may be manifestations of underlying defects such as inadequate foundation reinforcement, soil compaction, or shear wall attachment. The underlying defect might be inadequate structural support, improper materials, improper subsurface preparation or inadequate expansion joints.

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For example, although a stucco crack may appear to be the defect, it is just the manifestation of the defect. The manifestation is the apparent condition of the structure, a component, or the materials that is caused by the construction defect, and which provides evidence of a deeper problem. Examples include concrete that progressively deteriorates over several freeze-thaw periods, pavement that gives way due to gradual loss of supporting subgrade and leaking roofs that over time cause damage to building components and mold growth.Ī defect often is different from the manifestation of the defect, although generally both must be corrected. Latent defects also can be progressive – that is, over time the defect gradually becomes worse as the structure or its systems are subject to wear and tear or natural forces. An example would be a structural beam that meets the specified size, color and grade requirements, but is understrength. A latent defect exists at the time of construction but is undetected until after (sometimes years after) construction is completed and the structure and its systems are in use. Defects such as undersized beams, understrength concrete or coatings failures usually are apparent during construction when liability is clear and the cost of correction is relatively minimal.įrequently, however, defects are latent. It is the bridge whose cables flex and snap, the concrete that is understrength or structurally deficient, the roof that leaks, the adhesives that do not bond and the paint that peels, to name only a few examples.Ĭonstruction defects can be obvious or latent.

A construction defect occurs whenever finished or partially completed construction fails to perform as required by applicable contract documents or accepted standards.

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