Many construction disputes revolve around patent defects. These are things that come to light relatively quickly, so they can cause an immediate dispute. This could be true even if the job is far from completion.
A patent defect is something that a reasonable inspection will expose, and it will quickly become apparent to the property owner.
For instance, a construction company could be hired to build a home, but the property owner may claim that the plans were not followed correctly or the right materials were not used. It does not always have to be a defect that affects the property’s functionality, like electrical systems that do not work correctly, but could simply mean that the way the project is coming together does not match what the property owner believed they were paying for.
The importance of clear communication
With these types of issues, communication is the key. In some cases, a property owner may believe there is a defect, but the real issue is that there has just been a miscommunication between the two parties. Maybe the owner had a different set of materials in mind, but they never specified that or updated the plans. The construction company actually followed those plans to the letter, but the homeowner is still unhappy with the end result.
This is something that can often happen when the plans change during the project. Some people are relatively hands-off, but others want to make changes and alterations along the way. It is important to get all of these details in writing, update the documentation and keep records of email messages and other communications.
Even when a dispute arises, this type of evidence can help support the construction company’s case, especially if the company denies liability for any issues or alleged defects. During these disputes, the parties involved need to know exactly what legal options they have.
