Discovering construction defects in a commercial property can often raise the prospect of litigation. If those hoping to use the building cannot use it in the way they expected until the defects are rectified, there is a real prospect of a lot of money being lost.
Knowing who to blame is key to a quicker resolution of a construction dispute. Trying to hold the wrong party responsible could lead to wasted time and money, and potentially have other negative ramifications. Here are some parties who may be responsible when the work has not turned out as expected.
The design team, including the architect
Architects are tasked with drawing up a workable plan from the seed of an idea. While some are highly talented at making buildings look beautiful and blend harmoniously into their environment, all must be able to design structurally sound buildings. If they get things such as the thickness of steel or concrete wrong, inherent weaknesses in the construction could occur. If they specify the wrong decorative materials, the finish could soon end up deteriorating due to standard use or the effects of the weather that they had not properly accounted for.
If the contractor followed the architect’s plans to the letter, then you need to examine whether it was the plans themself that were the issue.
A manufacturer or supplier of materials
Manufacturing is not without risks. Sometimes errors can occur that render a batch of materials, or a whole line of materials or products, below the expected standard. Problems with transport and storage can also harm the integrity of materials and products.
It’s possible that the design team stipulated appropriate materials and the construction team installed them correctly, but a defect still shows up due to faults with the materials themselves. In that case, the supplier or manufacturer might need to be held to account.
If you are involved in a commercial real estate dispute, seeking early legal guidance can help to resolve the issue promptly and efficiently.
