What is a Construction Defect?
By David L. Grenier, C-Risk Construction Defect Mitigation There has been much controversy within the construction industry with respect to, “what is a construction defect?” Much of this controversy has proliferated because of the different viewpoints of the parties who are asking the question, and/or making the determination, e.g., builder, developer, contractor, subcontractor, material supplier, product manufacturer, homeowner, homeowners’ association, etc. There is no short answer to this question and the answer is somewhat multi-faceted, determined by many variables. However, there is a big difference between a construction defect and a nuisance claim, such as squeaking floor or conditions resulting from lack of maintenance or normal wear and tear. Construction defects could range from complex foundation and framing issues, which threaten the structural integrity of buildings, to aesthetic issues such as improperly painted surfaces and deteriorating wood trim around windows and doo
