Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

What are construction defects?

Construction defects sometimes occur and can be both a cause for concern and costly. As a result, you may wonder what construction defects are. In general, construction defects refer to a deficiency related to the design, planning, supervision, construction, observation or inspection of a new structure such as a new building. When there has been a failure to construct a building in a reasonably workmanlike manner or the building or structure fails to perform in a reasonably intended manner, it may be considered a construction defect.

Common and costly construction defects include problems with structural integrity; expansive soils; thermal and moisture protection problems; water intrusion; mechanical problems; electrical problems; problems with windows, glass and doors; and problems with finishes. There are generally four categories of construction defects including design defects, subsurface defects, material defects and construction defects.

Construction defects can range from minor problems to major problems. Leaky windows, for instance, can lead to toxic mold problems and faulty designs, code violations, cracked foundations and poor workmanship can lead to unsafe structures. Construction defects litigation to resolve issues occasioned by construction defects can be complex, complicated and challenging. There are also important timelines that must be followed to preserve and pursue construction defects claims.

Because construction defects can be costly and have a significant and lasting impact, it is important to understand how to promptly address construction defects concerns. Construction projects can be a significant undertaking which is why it is important to be aware of the resources available when construction defects issues arise.

Source:, "Types of Construction Defects," Accessed Feb. 3, 2016

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