There are two types of construction flaws: those occurring during design, and those happening during the construction phase. Generally, an engineer or architect is responsible for design flaws. Builders are responsible for defects caused by failure to adhere to design requirements. Defects can cause problems such as:
1. Additional work required to fix the issue
2. Injuries to workers
3. Harm to others such as future occupants or passersby
This article will discuss responsibility for construction flaws. Firstly, it will list some legal concepts useful in the evaluation of liability. Secondly, it will identify some situations where responsibility can be assigned to a particular entity.
Legal Concepts
Laws of construction defects are based mostly on contracts. There are numerous contracts involved in just one project; the building owner signs a contract with an architect, who in turn enters into a contract with an engineer. The owner signs on with a contractor to fulfill the plans, and the contractor hires subs to help. Every contract has provisions indicating liability in the event of a construction defect, and some provisions pass the liability on to another party. In the end, many personal injury suits handled by Putnam Lieb Potvin are paid by insurers instead of the responsible party.
Liability Examples
Liability is often passed down, but certain instances can result in liability for any involved party. Below are some scenarios where a builder or contractor can be held liable:
1. A person falls from a window not secured to a frame
2. A roof collapse occurs because substandard wood was used in construction
3. An occupant receives a shock because of exposed wiring
Anything for which a subcontractor can be held liable, a general contractor can also be liable. However, if the contractor has to pay damages, the sub often reimburses the contractor. Issues of construction defects and the assignation of liability are complicated, and victims often need the help of Personal Injury Attorneys in Lacey WA. If someone gets hurt because of a construction flaw, they probably have the legal right to sue the negligent party; and they should call Personal Injury Attorneys in Lacey WA as soon as they can.
