Rights and Responsibilities Related to Claims for Defects In Design and Construction

Defects and deficiencies in construction are an unfortunate reality. Considering the scope, complexity, necessary coordination, interdependency of tasks and systems, and myriad responsibilities spread among multiple parties, it is no wonder that things sometimes go wrong. But when they do, identifying the cause and knowing the rights and responsibilities of everyone involved is essential. 

This program, presented by environmental and construction law attorney John-Patrick Curran, provides insight into the roles and responsibilities of design professionals, those performing the physical construction and suppliers of materials, and the extent to which the respective parties may bear responsibility for defects and deficiencies. This program also explains the types of claims that arise from construction and design defects, the possible claimants, limitations on claims, the applicable measure of damages, and possible defenses. 

Learning Objectives:

1. Describe the distinction between construction and design defects  

2. Discuss the extent and nature of responsibility of design professionals and contractors for property design and construction

3. Explain what warranty claims are and how they relate to construction and design defects

4. Identify the measure of damages applicable to a construction or design defect claim