Just for my information from you, cos I have come a crossed in constructions.
Aug 27, 2020
Generally a construction defect must include all of the following:
- A deficiency in the construction process itself (resulting from poor design, materials, or workmanship)
- The deficiency must lead to a failure in the structure (that's being built during project)
- The failure must cause damage to a person or property (financial damages or otherwise)
A defect might also be as simple as falling short of an owner's expectations. If you are considering to pursue construction defect litigation keep in mind that it is a long, complex, and costly process -- not very different than any other type of construction litigation. Depending on the defect, a lawsuit may include several defendants, varying insurance policy coverages, anti-indemnity statutes, and fact-intensive discovery procedures.
If you are sued based on alleged construction defect, you will need to pay to defend yourself and determine the scope of damages. The other challenge with construction defect litigation is time. Most defects are discovered after the project has been completed and whether a lawsuit can be filed once the defect is discovered will be determined by the state's statute of repose.
It will likely be helpful to seek any other guidance from a construction lawyer in Hawaii.