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Can you pursue construction litigation for a defective design?

On Behalf of | Sep 25, 2023 | Construction Law |

Construction projects are complex endeavors that involve multiple parties, from architects and engineers to contractors and subcontractors. When a construction project doesn’t go as planned, it can lead to disputes and, in some cases, construction litigation.

One common reason for construction disputes is the implementation of a defective design. A defective design in construction refers to a design plan or blueprint that is fundamentally flawed or faulty. It can encompass a wide range of issues, including structural deficiencies, safety hazards, code violations and impractical or unworkable specifications. Structural problems can include insufficient support, unstable foundations or weak materials that compromise the structure’s integrity.

Additionally, safety hazards can arise when the construction’s design fails to account for safety measures. These defects can originate from various sources, such as architectural errors, engineering oversights or flawed planning and coordination among project stakeholders.

Do you have grounds for construction litigation?

Determining whether you have grounds for construction litigation due to a defective design depends on several factors. Generally speaking, a party to a contract must have violated its contractual obligations with your construction company and that violation must have resulted in losses before you can file suit. This can be determined by reviewing the contracts and agreements with other project stakeholders.

Remember that professional opinions can help strengthen your case because they can evaluate the defect’s nature and impact on the project. Also, maintaining thorough records of the project, including design plans, correspondence, change orders and any communication related to design issues can give you the legal upper hand.

The implementation of a defective design in a construction project can lead to significant complications and disputes. Therefore, you shouldn’t hesitate to pursue legal action and hold responsible parties accountable if one has caused your company losses. Seeking legal guidance is a good way to explore your opportunities for recourse.


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