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Definition
Frailty or shortcoming of an item resulting from a
defect
in its
concept,
and which can be avoided only through an
alteration
or redesign of the item.
Design Defects in 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 long
term maintenance requirements.
Design
failures cause design defects
When architects, designers, or engineers fail to satisfy the
functional requirements 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.
Typical
Design Defects:
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Building code compliance issues
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Insufficient and/or incomplete drawings
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Improper material specifications
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Roofing design defects
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Design and performance specifications
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Window/curtain wall design issues
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Building envelope design defects
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Approval of defective construction
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Performance and Payment Bond issues
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HVAC design problems
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Structural failures
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Mr. Albers is an expert witness in a court of law, but
is not an attorney. If you have legal questions related
to any of these topics, please consult an Attorney. |
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