Under the laws of most states, it's a seller's duty to inform a buyer about known “material defects” that could otherwise go unnoticed by the buyer.
When or how is the contractor liable for the failure of the structure?
Strict liability: Liability is placed entirely on the general contractor without having to prove negligence. However, the plaintiff must prove the damage or injury that occurred was caused by a defect created by the general contractor. Fraud: A contractor made false statements about the quality of construction.
What are the 2 types of defects found in a construction project contract?
- A construction defect happened whenever a completed or partially finished structure fails to perform as required by accepted building standards or applicable construction contracts.
- Construction defects can be categorized into two major categories: obvious and hidden.
- Commonly, however, construction defects are hidden.
What is the legal definition of construction defect?
A construction defect is any physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.
Who are involved in defect fixing process?
It requires developers, testers, and managers to work together so that as many defects as possible are discovered, categorized, resolved, and verified as fixed.
What is the meaning of construction accident?
In terms of construction, accidents can relate to property damage as well as personal injury. Legally, accidents might be sustained as a result of tasks relating to a building or other built asset, such as constructing, improving, repairing, cleaning or demolishing.