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New Jersey & New York Construction Law Blog

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3 common construction defects

| Jun 23, 2021 | Construction Defects |

Failure to meet a buyer’s reasonable expectation or construct in a workmanlike manner can result in a construction defect. A passive defect is one that can cause a diminution in value or loss of use for the property owner.

According to the International Risk Management Institute, there are also defects that can result in physical injury to people on the property. These are the most dangerous. In either case, correcting the defect can incur extra expense. Here are some examples of construction defects that occur with some frequency.

1. Roof installation

Roof installation occurs in segments, including roof felt and flashings. A weatherboard-fashion installation is vital to the performance of the roof. Common defects in roof construction include using roofing mastic incorrectly and using laps that do not meet the manufacturer’s requirements or applicable codes.

2. Weather-resistant barrier compromise

According to Quality Built, it is popular in home construction to use barriers that are resistive to water and weather, such as sheathing and house wraps, in place of the traditional asphalt-impregnated building paper. These materials are vulnerable to tearing, yet sealing or repairing rips or holes does not always take place in time to maintain the membrane’s water resistance.

3. Improperly lofted insulation

Over 90% of insulation inspected in 2018 showed anomalies in insulation inspection. The most common defect was a lack of six-sided contact. As energy codes become stricter, more jurisdictions require energy-related inspections.

The contractor may be liable for the costs associated with correcting construction defects. A municipal construction code official may impose penalties, and the property owner could take legal action.