See the full video at https://youtu.be/j1l_9yn8-us  Construction defects are all defects in the execution or completion of the design, planning, supervision, inspection or construction of any new building or structure that has been modernized or repaired.
Understanding what a design defect is has become so complicated that states have begun to define it by law. For example, design defects are defined as a "violation of statutory performance standards for every building component in a home" for all new homes sold after January 1, 2003 in California.
Under Illinois law, it is well established. that a design defect is not an "event" or "accident"; rather, it is the natural and common consequence of poor performance.
Since almost anything in a construction project can go wrong, this chapter will only address the types of design defects that have caused and will cause major damage. to property and serious problems for residents of structures.
Courts across North America have recognized the following major, though not all-encompassing, categories of design defects:
- Design flaws ¾ where design professionals, such as architects or engineers, design buildings that do not function as intended or specified. The motivation for the design can be form, function, aesthetics or cost considerations, but the result is a defect.
- Material defects ¾ use of poorer building materials that cause problems, such as leaky windows, or deterioration of flashing, construction paper, waterproofing membranes, asphalt roofing shingles, chipboard, plaster or other products. Leaking windows are a common statement about errors and prevention requires good execution. Window leaks can be due to many things, including the fact that rough framing is not flushed with the outside at openings, incorrectly flashed windows, incorrectly applied construction paper, window frames that are placed during storage or removal or lack of drip edge of sheet metal above the window head.  Construction defects ¾ substandard design often manifested by water intrusion, cracked foundations, floor tiles or walls, dry rotten wood or other building materials, termites or other pests, electrical and mechanical problems, pipe leaks and back-ups, lack of suitable sound insulation and / or other problems related to poor quality work. Poor quality of craftsmanship is often seen by property owners as water infiltration through some part of the building structure. Cracks in foundations, floor tiles, walls, dry rotting of wood or other building materials, termites or other pest infestations, electrical and mechanical problems, plumbing leakage and back-ups, lack of suitable sound insulation and fire-resistant construction between adjacent homes.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims handling, fraud and insurance fraud almost equally. for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professional in insurance claims.
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