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Construction defects: You see a problem but where's the failure?

When people think about product defects, they usually are thinking of the end result of a defect. For instance, instead of thinking about the mechanics of an airbag, you might think of its failure to deploy as the defect. Or you might think of the burns you could suffer from using a tool that malfunctions as a defect.

But technically speaking, things like injuries or damages are the problems caused by a defect. Identifying the actual defect in a product that is causing all those problems can be far more complicated. This can be especially true when it comes to construction defects.

For instance, if you start seeing water seeping through the walls of your first floor, the water getting inside is the immediate problem, but the defect can be more difficult to identify. In some cases, water might be leaking in because of a cracked pipe. Water could be getting in through a poorly assembled window. There could be problems with ventilation letting humid air into the house.

In order to address the problem and get it fixed properly, you will need to identify not just the problem but also the cause. Some people hire construction consultants to do this, others rely on the contractors working on the project to figure out the defect. Still others call in an outside contractor, supplier or attorney to assess the situation.

Once a defect is identified, work can begin to repair the damage it has caused. Unfortunately, this is often easier said than done. Even when a defect is confirmed, parties can argue over liability and whose responsibility it is to remedy the situation.

Again, it is one thing to see there is a problem; figuring out how to address the defect and solve the problem is another. This is why it can be incredibly beneficial to work with an attorney familiar with state construction defect laws, as he or she can help you identify solutions to move your case -- and construction project -- forward.

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