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Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

An overview of construction defects

Construction litigation can be complex, costly and time-consuming. There are a number of different types of construction defects that can arise during a construction project and they are commonly related to the design, planning, oversight or inspection of a new building or construction project. Defects may be a concern when a building has not been constructed in a reasonably workmanlike manner or the building or structure does not perform in a manner as it is reasonably intended.

There are a variety of common construction defects that can be costly to repair. Common construction defects can include defects related to the structural integrity of the building or construction project such as an unstable foundation or problems with the concrete, carpentry or masonry. In addition, defects can also arise related to expansive soils; water intrusion problems; thermal and moisture protection; mechanical problems; electrical problems; doors or windows; or related to the finishes. Construction delays, liens and contract disputes can also hamper a construction project and be complex to address.

Construction litigation typically views construction defects in four categories including subsurface deficiencies, design deficiencies, construction deficiencies or material deficiencies. Construction defects can be technical and challenging to identify and remedy. In addition, there are different legal methods from which construction defects problems may be approached depending on the situation. Construction defects litigation can also have important legal timelines so it is important for those dealing with the difficulties associated with construction defects to be aware of those timelines.

Because of the complexities associated with construction defects and construction defects litigation, it is important to have thorough knowledge of the process and how to respond to the challenges involved. Familiarity with the legal remedies available when facing problems associated with construction defects is useful to anyone dealing with the stress and problems associated with construction defects.

Source:, "Types of Construction Defects," Accessed June 15, 2016

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