What is the scope of a construction defect and what remedies are available?

The scope of a construction defect can be wide-ranging. A construction defect can be a structural issue, a defect in materials used, a problem with the design of the structure, a failure to meet building codes, or any other type of problem that could negatively impact the safety, stability, durability, or function of the structure. In Maryland, a construction defect can be addressed through various legal remedies. One of the most common remedies is for the owner of the structure to sue the contractor or the manufacturer of the materials for breach of contract. The owner can seek damages for the cost of repairs or replacement of the defective item. Another remedy may include breach of warranty, if the construction defect is due to a manufacturer’s responsibility. If a code violation occurred, the owner may be able to pursue tort liability or seek financial compensation for the resulting damages. In some cases, a party may be able to pursue a lien on the property. This will allow the owner to retain the property until a settlement is reached between the parties. If negotiations fail, the owner can attempt to resolve the issue through mediation or arbitration. No matter the scope of the construction defect, a wide variety of remedies are available to address the issue. Depending on the situation, a party may benefit from pursuing any or all of the possible remedies discussed above. A party should always consider consulting with an attorney to weigh the advantages and disadvantages of each remedy prior to beginning the process.

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What is the scope of a construction defect and what remedies are available?

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