Providing Real SolutionsSince 1999
Brent D. Ratchford photo

Are aesthetic choices a construction defect?

On Behalf of | Jan 20, 2022 | Construction Law |

As a contractor, you felt like you followed the plans and built the home for your client exactly how they wanted. But you could quickly tell that they were unhappy with it when they first saw the house, and it turned out that they did not approve of the aesthetics of the building. 

They’re claiming that you need to make changes so that the aesthetic decisions are up to their standards. Maybe they want a new paint color or new flooring or new cabinets. There are many different issues that could be spurring this dispute. But do you have to make any changes? Are they right that this is a construction defect? 

Who made the decision? 

First and foremost, aesthetic choices can certainly be a construction defect. This is known as a workmanship defect. The customers are not off-base in thinking that they may have a claim because they don’t like the way that the home looks. Enjoyment of that space is a crucial part of moving into a new home. 

The real question, then, is who made the choices? Did your client tell you to install certain cabinets and then decide after the fact that they didn’t like them? Or did you install the wrong cabinets? Did they tell you what paints to use and then determine that they actually didn’t like the color, or did you accidentally use the wrong color? 

As a contractor, if you followed the instructions from your client and didn’t make any mistakes, they may still not be happy with the outcome, but that doesn’t mean it’s a defect. You need to know exactly what legal steps to take if you’re facing a dispute.


FindLaw Network