Construction Defect Disputes

Claims and disputes arise frequently in the context of construction projects. For over 25 years the Ritchie, Rock & Atwood attorneys have been involved in representing both clients and contractors in construction-related claims and construction defect disputes.

The process of construction, renovation and remodel projects of residential and commercial properties is a complex process involving a lot of moving parts. Prime Contractors, Sub-Contractors, Material Suppliers and Financiers are frequently all involved in the process. Contractual relationships among all the players are an important component to assuring a successful project.

Unfortunately, many players in the construction industry either use no written agreements or thin agreements that do not cover all the contingencies very well.

Implied Warranty of Construction in a Workmanlike Manner

As a general rule when a person hires a contractor to perform a construction project a warranty of construction arises by operation of law regardless of whether or not there is a written warranty. People that hold themselves out as construction contractors are required to perform their work in a “workmanlike manner”. This is basically a reasonableness standard for construction to be performed in a reasonable manner with the ordinary skill of others engaged in the particular construction trade, and in a manner consistent with industry standards of practice.

What Is Express Warranty

Express written warranties are written agreements by which the owner of a project receives a written, specific warranty from a construction contractor. When the parties enter into an express written warranty it can replace and extinguish the “Implied Warranties” that would arise had there not been a “Written Warranty”.

Good warranty agreements specify a standard for the construction, set time limits on the term of the warranty, provide for formal processes to process a warranty claim, define the remedies available to the owner under the warranty and provide for such things as mediation or arbitration of claims rather than full-blown litigation in court from the very beginning of a dispute.

What Is Negligent Construction

Claims of “Negligent Construction” are akin to “Implied Warranty” claims with subtle differences. In a negligent construction claim, the foundation of the claim is that the contractor owed a duty of reasonable care towards the owner to perform the construction in a reasonable manner and the contractor failed to do so. An example of this might be the installation of sewer lines that are not at proper grade so as to perform as they were designed to perform and other such things that do not conform to plans and specifications of design or that just result from cutting corners and shoddy workmanship.

The attorneys at Ritchie, Rock & Atwood are experienced in construction-related claims, negotiations, contracting and litigation.

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