Newsletters

Construction Defect and the Right to Repair

The explosion of construction defect litigation was the catalyst for reform with respect to claims against builders, including contractors and subcontractors. With the goal of reducing litigation while balancing homeowner rights to own safe homes, a number of states passed legislation giving a builder the right to repair or cure any alleged defects. Though each state's legislation is unique, there are several key components that seem to be universal.

A DESIGN PROFESIONAL'S DUTIES TO ADJACENT LANDOWNERS & SUBSEQUENT OWNERS

A design professional who enters into a contract with an owner for a construction project owes certain duties to the owner under the contract. Even though the design professional does not enter into any contracts with adjacent landowners or subsequent owners, the design professional may owe certain duties to the adjacent landowners or the subsequent owners.

"Substantial Completion" of Construction Contract

Once a construction contract has been substantially completed, the owner is liable to the contractor for the final payment on the contract price. The contractor must prove "substantial completion." Thereafter, the burden shifts to the owner to prove otherwise or show defects in the contractor's work that impacts the project's completion.

Legal Issues in Roadway Access

Generally, local governments and the department of transportation regulate roadway access, in their respective jurisdictions, in order to maintain efficient and safe traffic flow. When applying such regulations to a new development, considerations are given to safety, capacity of the roadway, economic impact, and the rights of property owners whose land abuts the development or pertinent roadways to the development. Roadway regulations can extend beyond the actual road surface to related areas such as curbs, medians, and sidewalks.

GROWTH MANAGEMENT & THE CONSTRUCTION INDUSTRY

Although most local governments have relied on zoning laws and subdivision regulations to control the use and development of land by developers, some local governments have recently attempted to address the problem of managing growth in their communities. The local governments want to know when and where growth will occur and how they are to cope with the need for increased public facilities and services as a result of the growth.