Design and Construction Defect Claims: Overview and Defense Strategies

Summary

There are several situations that can lead to claims against a designer or contractor. The most common scenarios are project delays due to defects or deficiencies, poor coordination or communication with the owner or other members of the design/construction team, or the discovery of defects during or after the project. Less common situations include claims involving construction accidents or personal injuries that occur within the construction area. This practice note discusses the basics of a defect claim against a designer or contractor. These types of claims are heavily governed by state-specific law, so it is important to research the requirements in your state.