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

Construction defect is a term used to describe any deficiency in the design and construction of a building that does not meet the standards set forth in the applicable building and safety codes. Construction defects may range from minor issues, such as water infiltration, to more serious problems, such as structural collapses. In Washington, the scope of a construction defect is determined by evaluating the following: whether the defect was caused by the contractor or subcontractor, whether the defect was caused by defective designs or inadequate materials, and whether the defect affects the safety or value of the building. Remedies for construction defects in Washington may include legal remedies, such as filing a lawsuit against the contractor or subcontractor, or non-legal remedies, such as negotiations with the contractor or subcontractor. Legal remedies may lead to monetary damages or an order for the contractor or subcontractor to repair or replace the defect. Non-legal remedies may also lead to repairs or replacement, but may also include a negotiated settlement or mutual agreement. In addition, the Washington Department of Labor and Industries (L&I) administers a system of dispute resolution that is faster and less costly than the courts. Through L&I, parties to a construction dispute may use a binding arbitration process to reach a resolution. No matter the remedy, construction defects should be addressed as soon as possible to avoid more costly repairs or damages in the future.

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

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