Earth Day month brings to mind renovation and construction projects for many BC real estate property owners. They may aim for sustainability as they install improvements and upgrade the places we reside in or work and recreate. In today’s post, real estate litigation lawyer Arsen Krekovic offers tips on dealing with construction defects that may occur in the process of feathering your nest or upgrading your commercial real estate property. See a previous post on what to do about construction liens after a renovation or construction project has gone awry.
Issues with construction defects facing real estate property owners n BC
A homeowner may discover defects in either their newly constructed home or a property they are renovating. Litigation may arise over responsibility for repairs or damages.
What are construction defects?
Construction defects are issues or flaws that come about in newly constructed homes or renovations and that affect the quality, safety, or habitability of the property.
These defects refer to any number of factors, including design flaws, faulty materials, or poor workmanship. The deficiencies may affect your property’s structural integrity, safety, or functionality.
As they may also be the result of failure to comply with building codes and regulations, you may need to pursue legal action to hold the responsible parties accountable for repairs or damages.
The process of seeking a solution can be complicated, lengthy and costly. It may involve multiple parties, including the builder, contractor, subcontractors, architects, engineers or developers. Expert testimony from these construction professionals may need to be called. Homeowners may file a claim for breach of contract, breach of warranty, negligence, or other legal claims.
When litigation arises it is generally over the responsibility for repairs or damages. The parties involved may have to negotiate a settlement, or the case may proceed to trial in court. The resolution of the dispute will depend on the nature and extent of the defects, the terms of the contract, and the evidence presented by the parties.
How to avoid construction defects and potential litigation?
It is essential for all the individuals listed above – the contractors, architects, engineers, and developers to:
- Comply with building codes and regulations
- Use high-quality materials
- Employ skilled and licensed professionals
To avoid construction defects and the potential for litigation, it is important for homeowners to carefully research and select reputable builders and contractors. It is good for them to have a thorough understanding of the construction process and the relevant contracts and warranties. Regular inspection of the renovation and construction project should also be done.
These preventative measures of researching and getting reliable references help. Also, recommended is to ensure proper building permits are in place.
Some cases may be resolved and issues dealt with satisfactorily through negotiation or mediation with the responsible party. However, if a settlement cannot be reached, the next steps may be to pursue litigation. Consulting with an experienced real estate litigation lawyer is advised.
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