Frailty or shortcoming of an item resulting from a
and which can be avoided only through an
or redesign of the item.
Design Defects in Construction
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.
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.
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
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.
Building code compliance issues
Insufficient and/or incomplete drawings
Improper material specifications
Roofing design defects
Design and performance specifications
Window/curtain wall design issues
Building envelope design defects
Approval of defective construction
Performance and Payment Bond issues
HVAC design problems
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.