In some cases, if your company is accused of a construction defect, your defense may be that there isn’t a defect at all. Perhaps your company followed the plans and regulations, and everything is up to code. You may believe that the client has no basis for their claim and is pursuing it for financial reasons.
In other cases, however, it may be clear that there is a genuine defect. In such situations, your defense may involve demonstrating that your company is not responsible. Below are two examples:
Frequent client changes
Defect claims sometimes arise, particularly with minor defects, when a client has frequently changed their mind or updated their plans.
For example, the client may have repeatedly switched the type of material they wanted for their flooring. You eventually install the flooring they selected, but they claim there’s a patent defect because the wrong material was used. It could be that they are referencing older communications or forgot to notify you of a change. This is why it’s critical to keep records of all communications and get major changes in writing—to clearly show that your company followed their instructions.
Errors at another level
Another defense may be that your construction company completed the job properly, but the issue stems from someone else at another level of the project. For instance, the client may have hired their own architect to design the building. Your company followed those plans exactly, but the architect made a mistake. While there may be a defect, you can argue that your company is not responsible.
These types of disputes can become very complex, so it’s crucial to understand the appropriate legal steps to take.