Construction defects in design and engineering can be prohibitively costly to resolve.

Design defects in construction are defects that make a structure inherently unsuitable for its intended purpose, even when implementation of the design is executed correctly by builders and craftsmen. A serious design defect can be difficult and prohibitively expensive to resolve because it may require substantial modification and rebuilding of a structure.

Failure to meet functional requirements

An example of a serious design defect in a home or office building is an architecturally unique roof design that leaks. While a design may be aesthetically appealing, if it leaks it is useless. The primary purpose of a roof on homes and office buildings is to protect the structure and its contents from weather, and especially rain. If it leaks, it fails to be suitable for its intended purpose and represents a serious design flaw.

Failure to disclose design risks

Similarly, a cantilevered deck that is inadequately supported so that it places unusual stresses on other portions of a structure causing cracks in walls that need constant repair is a design defect. Good design practices must incorporate both aesthetic and functional considerations, as well as consider factors such as the structure soundness of a design and longterm maintenance requirements. Doing otherwise may constitute negligence or a failure on the part of the architects, designers, or engineers to recognize and disclose risks associated with the design.

Design failures cause design defects

When architects, designers, or engineers fail to satisfy the functional requirments of a design, or when they fail to recognize and disclose potential risks associated with a design, the result can be a serious design defect for which they should be held accountable. Property owners should not have to bear the costs of resolving defects caused by careless design and engineering mistakes made by professionals who should know to avoid them.

Contact a Construction Defect Attorney

If have experienced a serious financial loss as a result of a design defect caused by the negligence or mistakes of an architect, designer, or engineer, you may be entitled to recover your losses from those responsible. Contact a construction defect attorney to learn more about your options.

The experienced attorneys at Arnold & Itkin LLP aggressively represent our clients and can help you in litigation or arbitration of construction defect claims.