The term construction defects refers to any deficiency in the design, material or construction of a building or structure where the design professional and/or the contractor falls below the applicable standard of care in the industry. A designer and/or contractor is required to perform its work in a reasonably workmanlike manner and/or in accordance with a buyer’s reasonable expectation and use proper defect free materials.

Under some circumstances, these defects can manifest themselves in the form of “property damage” and/or “bodily injury”. There are also circumstances where defects can exist, but they do not pose a risk of or not result in property damage and/or bodily injury but nevertheless cause harm.

Construction defects can give rise to claims in tort such as negligent design and construction as well as in contract such as breach of contract and/or warranties. Tort claims will require a form of resulting damage, while breach of contract claims usually will be based on breach of the contract terms such as delay claims, inferior materials, design and installation deviations and failure to perform work in a good and competent manner and according to the applicable standard of care required in the industry as well as all applicable laws and regulations such as building codes.

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