|
DEFECTS AS DEFINED BY THE LAW
What is a construction defect?
Construction defect is defined as "failure of the building or any building
component to be erected in a reasonably workmanlike manner or to perform in the manner
intended by the manufacturer or reasonably expected by the buyer, which proximately causes
damage to the structure." Cal.Jury Instructions.
WHAT
CONSTITUTES A CONSTRUCTION DEFECT?
The following are factors to consider when determining
whether a particular problem constitutes a construction defect.
- The buyer's reasonable expectations.
- The compliance or noncompliance with minimum applicable building or construction
standards as established by:
(1) The uniform building code.
(2) The manufacturer's installation instructions.
(3) The construction plans and specifications for the CID project.
(4) The customary and standard building practices.
(5) Local ordinances: In Building Industry Assn. of Northern California v. City of
Livermore, 45 Cal.App.4th 719 (1996), the court held that builders must comply with
local ordinances that do not differ from the state's standards and are based on local
climatic, geological, and topographical conditions.
- Whether the construction was performed in a good workmanlike manner.
- Whether materials and products used were suitable for their intended purposes.
- Whether or not the design intent of the architect, the structural engineer and/or the
engineers was followed.
- The life expectancy of the building.
- Any premature deterioration of building materials.
- Any improper installation of components, if any.
- Whether or not the construction was made in accordance with a defective design.
- Whether or not the plans and the buildings were approved by the city.
TWO PRIMARY
CATAGORIES OF DEFECTS
Courts have recognized two primary categories of defects for which damages are recoverable
by the homeowner or the homeowner association (HOA).
- Defects in Design, Workmanship, and Materials.
- Landslide and Earth Settlement Problems
(See the 11 Most
Frequently Asked Questions which explains theses two issues
further.)
© Copyright 2001 The Miller Law Firm
All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
|
