1. Design Deficiencies By Architects or Engineers.
The first category is design deficiencies which sometimes stem from the work of architects or engineers. These design professionals design a building or design a specific system that does not function as it was intended to function. The end result is a product that is defective. An example would be a roof that has been designed to be aesthetically pleasing and complex in design but is prone to leakage.
2. Material Deficiencies
The second category is material deficiencies. Using inferior building material can cause a variety of defect issues. An example of this type of defect that is fairly common is windows built with poor materials that leak even after being installed perfectly. Another example is material used inside of a wall that causes issues such as wall leaks or moisture damage. The building material that would be in question could be the building paper, particle board, roof shingles, etc.
3. Substandard Workmanship
The third category is construction deficiencies, also known as substandard workmanship. This category of construction defect usually becomes evident with water damage through some part of the actual building structure. Other examples of such a defect would be rotting wood, pest infestations, and cracks in floor slabs or in the foundation. There could also be evidence of construction deficiencies in lack of adequate sound insulation, electrical problems, plumbing issues, and/or inadequate fire-resistive construction between housing units.
4. Subsurface or Geotechnical Problems
The fourth category is subsurface or geotechnical problems. An expansive soil condition is a perfect example of this concern and is commonly found in California and Colorado. This issue occurs when housing developments are built in areas where water once stood, or is hilly, both resulting in an unstable foundation upon which to build a house. If the builder does not prepare the soil properly on this type of subsurface condition, then inevitably you will begin to see symptoms of this construction defect. This also holds true if the builder does not keep in mind this type of potential soil issue when deciding on structure design. As a result, you may see problems including but not limited to vertical and horizontal settlement, slope failures, flooding, cracks in floor slab and hardscape. An extreme case would leave a building uninhabitable.
Since there are numerous issues that can occur with a building or a home, it's hard to decide what are construction defects and what are not in a simple way. Therefore, it is important to contact an attorney today to find out exactly what is going on with your property and what steps you need to take to take care of it and to protect your rights.