Article: Written Provisions for Determining Defects Guide Repair Process
7/31/2008 Harvey W. Berman
Most would agree that construction defects should be avoided. However, the construction process is complex and defects will periodically occur. How the owner and contractor are required to deal with defects usually depends upon the terms of the written contract between the parties. Industry and other construction contracts involving commercial projects often contain provisions that spell out the obligations of the contractor in the event of a defect. Examples of subjects addressed include how to determine whether a defect exists, when the defect must be corrected, how the defect must be corrected, options for correcting the defect (repair, replacement, or damages), whether the contractor is obligated to pay for any damages suffered by the owner beyond the correction of the defect, cut-off periods for claims relating to certain defects, and exclusions.
