In construction defect claims and litigation, the term “construction defect” is often defined as the premature failure of a component or a condition that results from improper or substandard engineering, design, manufacture, installation and/or application. On the other hand, the term “failure” can be described as a breakdown in the operation, function, quality, or appearance of a structure, system, component or material. The term “defect” is not synonymous with the term “failure.” Rather, a defect is the property that causes a failure. This page addresses the various types of construction failures that may occur from construction defects.
TYPES OF CONSTRUCTION FAILURES
FUNCTIONAL FAILURE
This is a condition that renders a component unsuitable or unusable for its intended purpose. The functional failure of a mechanical piece of equipment resulting from a manufacturing defect often requires immediate correction.
STRUCTURAL FAILURE
This failure is a breakdown in one or more components of the structural system. Such failures include common concrete cracking which may or may not be of any consequence, depending upon the degree of the failure. In addition, structural failures do not always require correction, and, in the context of construction defect claims and litigation, a structural failure without some functional failure or impairment is of limited value. On the other hand, the failure of structural steel connection caused by a design defect could be catastrophic and demands immediate attention.
AESTHETIC FAILURE
A condition that renders a component unsightly, significantly detracting from its appearance, can be described as an aesthetic failure. Economic consequences often accompany aesthetic failures such as masonry effervescence, although they may be subjective and difficult to quantify.
ECONOMIC FAILURE
This is a condition that results in economic loss or the need to expend unplanned or unnecessary monies to keep a structure, component or system in order. The loss could take the form of excessive maintenance, shortened useful life or added repairs. The installation of improper bearings in an engine can result in the economic failure of the equipment.
PROGRESSIVE FAILURE
This is a failure is one that is likely to worsen over time. In the legal and insurance fields, a progressive failure that is the basis of a defective work claim is often described as a “continuous loss.” Defects such as expansive soils under a basement slab can cause structural and progressive slab failure and may need to be corrected as soon as possible.
NON-PROGRESSIVE FAILURE
A non-progressive failure or condition is one that is not likely to deteriorate. Generally, the non-progressive failure of an under-specified component such as building insulation can result from design or construction defects that often do not need to be remediated.
CONCLUSION
In analyzing construction defects, the parties often identify the specific type of failure(s) at issue to gain a full understanding of the potential ramifications of each problem. If this information is not offered by experts in their analysis, then it should be developed through inquiry. Theoretically, a functional, structural, aesthetic or economic failure could be either progressive or non-progressive. In general, all defects and failures can be categorized according to the above types.
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