4 Tips for Handling Construction Defects

shutterstock_230851306Locating and fixing construction defects is one part of an association’s job, and there are a lot of different types of construction defects, such as peeling paint, curing shingles, wood rot, etc. If your HOA has located any construction defects within the community, check out these four tips on how to handle them properly.

Determine the Severity of the Defect

When you locate a defect, you need to determine the severity. You must determine if the defect is an isolated problem that can be fixed easily or if it is the result of a bigger problem that will require more work and money. For example, you may notice a defect in a condo roof, but you don’t know if it’s just a problem with one area or if the entire roof is affected. The best way to determine the severity of the defect is to hire a contractor to evaluate the problem.

Contact Your HOA Attorney

If major construction defects are located, they need to be corrected, but if they aren’t emergency repairs, your best bet is to contact your HOA attorney. Your attorney will help you determine what the best course of action should be. It may turn out that you can file a claim against the person or party responsible, and your attorney can help you make that determination.

Find Expert Witnesses

Your attorney will also help you locate expert witnesses who can testify about the defect. Which type of expert witnesses you need depends on the type and severity of the construction defect. A general contractor may be enough to prove your case, but you might also need an engineer or architect.

Notify the Person Responsible

If someone is responsible for the defect, such as the contractor who did the job, you may need to notify them of the defect. For example, in Florida, you have to notify the person responsible in writing and give them a chance to fix the defect before you file a claim. They usually have a set number of days to fix the problem, and if they don’t, you can move forward with filing a claim.

Construction defects can be ugly, cause additional problems or even put people in danger, which is why your HOA board should identify them and correct them as soon as possible. These four tips will help your association do just that.


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