Construction Defects That Need Insurance to Respond

https://zalma.com/blog

Construction defects are any deficiencies in the performance or completion of the design, planning, supervision, inspection, or construction for any new building or structure that has been remodeled or undergone repairs.

Understanding what a construction defect is has become so complex that states have begun to define them by statute. For example, construction defects are defined as a “violation of statutory performance standards for every building component in a dwelling” for any new residential construction sold after January 1, 2003, in California.

Under Illinois law, it is well-established that a construction defect is not an “occurrence” or “accident”; rather, it is the natural and ordinary consequence of poor workmanship.

Since almost anything in a construction project can go wrong, this chapter will only deal with the kinds of construction defects that have caused, and will continue to cause, major damage to property and serious problems for occupants of structures.

Courts across North America have recognized the following major, albeit not all-inclusive, construction defect categories:

Design Deficiencies ¾ where design professionals, such as architects or engineers, design buildings that do not function as intended or specified. The motivation for the design may be form, function, aesthetics, or cost considerations, but the result is a defect.

Material Deficiencies ¾ use of inferior building materials causing problems, such as leaky windows, or deterioration of flashing, building paper, waterproofing membranes,

---

Support this podcast: https://anchor.fm/barry-zalma/support