Massachusetts residents expect that their property is well built. When it becomes apparent that defects in a structure exist, most owners will turn to the builder for answers. However, different types of defects exist in construction law, and the defect may not be the responsibility of the builder.
Three distinct types of construction defects exist — material, design and workmanship. Those defects that result from substandard workmanship may be the responsibility of the builder, which could include the general contractor or subcontractors as applicable. However, if a construction company can show that the workmanship was not the issue, then it may not be found legally responsible for any defects to a Massachusetts resident’s property.
The defect could be in the design of a structure. Any defects in the engineering or architectural plans could result in issues for the owner. Engineers and architects are responsible for ensuring that the construction documents provided to the builder will result in a well-constructed structure. Defects in the materials used on a project may not become apparent until after the project is complete. Manufacturers should have their materials tested prior to distributing them to ensure they contain no defects that could jeopardize the safety of a structure.
Massachusetts construction companies are not always responsible for defects discovered by property owners. When facing accusations from property owners, it would more than likely be a good idea to begin by conducting a thorough investigation in order to determine the actual cause of the defect. Knowing where to begin may require the advice and assistance of a construction law attorney.
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