Common construction defects and how to prepare for litigation

On Behalf of | Jan 25, 2023 | Construction Litigation

There are various categories and types of defects in residential and commercial real estate. Defects are also one of the most common reasons for legal action.

If you are facing litigation because of a potential defect, there are some things to keep in mind, and prepare for, to improve the chances of success.

Common types of defects

FindLaw discusses that there are four main categories that defects fall into: Material, design, subsurface and construction. Some of the common defects that are also costly include:

  • Electrical problems
  • Mechanical issues
  • Structural integrity
  • Moisture and thermal protection
  • Water intrusion
  • Finishing defects

There are various parties that may be liable for a defect, depending on the category of the defect. Some defects may be due to multiple stages of construction, and multiple parties are potentially liable.

Strategies for litigation preparation

Litigation is often time-consuming and costly, which is why preparation is key. The Business Partner Magazine discusses that the preliminary stages are important, as this is when you and your legal team build your case. During this time, you will locate and gather all relevant documentation and evidence. This may include written contracts and witness testimonies.

You may think that communicating with the opposing party may help your case. However, this is often not a smart thing to do. Communication should be between the lawyers of each side. Never reach out to the other party via email, phone or in person without discussing it first with legal counsel.

Another key thing is to continue with normal daily operations of the business. Preparing for litigation can take time and be stressful, but it should not affect business. All staff members should continue to be on time to work, respond to customers, answer emails and meet deadlines.