Construction firms should never have to include construction defects into their business costs. The only way to find the solution to these massive costs is to cure the problem of why defect occur. The need for constructions insurance and liability insurance is becoming increasingly more important.
Poor site selection is one of the most common problems in construction defects. With the rapid growth of towns and cities, site selection is not so simple and usually contractors only have very limited choice. This makes a less than perfect site being used for the proposed construction.
Before the site is chosen the soil must be analyzed. This is a business cost but one which can show the level of compaction and whether there is a risk of sinkholes. Using soil analysis to see is sand is present will help determine whether the land will be able to support the construction planned. Without this vital information, there can be a multitude of legal issues which will follow.
The defects can also be aimed at the materials and structural aspects of the construction. Without sufficient or proper foundations, the sheer weight of the building will cause stress fractures in the walls and the supports to be less efficient. Using cheap or improper materials in the construction will cause a poor construction.
All of the reasons mentioned combine together in the most common construction legal issue, which is negligence. Being accused of negligence is defined by the law as a failure to meet the recognized standard of care. In construction terms, this means the standard of care is the correct material usage and the building of a structure in such a professional manner which reaches the standard of the industry. As long as the correct procedures were undertaken to ensure no defects existed on the construction site before the work was carried out, then the law will stand by that. The law does not safeguard that the structure is flawless but that site inspection was carried out.
The construction companies find themselves in a quandary when it comes to building work. The pressure which is put upon them to ensure the job is completed as fast and as cheaply as possible shows the vulnerability of the contractors when it comes to potential lawsuits. Any corner cutting and missing out of vital checks can cause massive problems and one which shows the need for liability insurance as well as constructions insurance.
Having a negligence claim put against a contractor can have sever consequences and the claims can run into incredible amounts. Any physical damage to the property will be covered by the General Contractor's Insurance, however, insurers are commonly imposing exclusions to protect themselves from the claims. Those exclusions, with today's polices, could be; multi-layered walls, earth movement or mold damage. The rise in insurance claims in the construction industry calls for more and more exclusions. With increasingly long delays from when the structure was built to when a fault occurs, shows how difficult it can be to judge whether a claim will be successful or not. Insurers are writing the liability limitations as a claim happens which begs the question; does constructions insurance cover exist in the first place?
The best way to ensure that you are not affected by insurance and construction defects is to make sure before the project begins what the standards are and who will be responsible. Also, before a lawsuit is put into place, it is best to deal with the defects first. The site contracts have a responsibility to ensure their quality control systems are in place from the very start of the project. Continual inspections will make sure the standards are being met throughout the project and if any problems arise they can be dealt with quickly or fine could be awarded to those who do not find the faults. In the event of a lawsuit, a contractor can have written evidence of checks being carried out which will stand them in good stead in a court room and the liability insurance will also find that good practice too.
Poor site selection is one of the most common problems in construction defects. With the rapid growth of towns and cities, site selection is not so simple and usually contractors only have very limited choice. This makes a less than perfect site being used for the proposed construction.
Before the site is chosen the soil must be analyzed. This is a business cost but one which can show the level of compaction and whether there is a risk of sinkholes. Using soil analysis to see is sand is present will help determine whether the land will be able to support the construction planned. Without this vital information, there can be a multitude of legal issues which will follow.
The defects can also be aimed at the materials and structural aspects of the construction. Without sufficient or proper foundations, the sheer weight of the building will cause stress fractures in the walls and the supports to be less efficient. Using cheap or improper materials in the construction will cause a poor construction.
All of the reasons mentioned combine together in the most common construction legal issue, which is negligence. Being accused of negligence is defined by the law as a failure to meet the recognized standard of care. In construction terms, this means the standard of care is the correct material usage and the building of a structure in such a professional manner which reaches the standard of the industry. As long as the correct procedures were undertaken to ensure no defects existed on the construction site before the work was carried out, then the law will stand by that. The law does not safeguard that the structure is flawless but that site inspection was carried out.
The construction companies find themselves in a quandary when it comes to building work. The pressure which is put upon them to ensure the job is completed as fast and as cheaply as possible shows the vulnerability of the contractors when it comes to potential lawsuits. Any corner cutting and missing out of vital checks can cause massive problems and one which shows the need for liability insurance as well as constructions insurance.
Having a negligence claim put against a contractor can have sever consequences and the claims can run into incredible amounts. Any physical damage to the property will be covered by the General Contractor's Insurance, however, insurers are commonly imposing exclusions to protect themselves from the claims. Those exclusions, with today's polices, could be; multi-layered walls, earth movement or mold damage. The rise in insurance claims in the construction industry calls for more and more exclusions. With increasingly long delays from when the structure was built to when a fault occurs, shows how difficult it can be to judge whether a claim will be successful or not. Insurers are writing the liability limitations as a claim happens which begs the question; does constructions insurance cover exist in the first place?
The best way to ensure that you are not affected by insurance and construction defects is to make sure before the project begins what the standards are and who will be responsible. Also, before a lawsuit is put into place, it is best to deal with the defects first. The site contracts have a responsibility to ensure their quality control systems are in place from the very start of the project. Continual inspections will make sure the standards are being met throughout the project and if any problems arise they can be dealt with quickly or fine could be awarded to those who do not find the faults. In the event of a lawsuit, a contractor can have written evidence of checks being carried out which will stand them in good stead in a court room and the liability insurance will also find that good practice too.
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