This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Kansas Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
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FAQ
True, architects and engineers have been found liable for simple omissions. But don't expect either to cover the cost of ambiguity in the plans. The cost of fixing what's broken usually falls on contractors and subs. It's a risk inherent in the construction process.
As a general rule, if the owner hired whoever drafted the construction plans, or if whoever drafted the faulty plans is an employee or agent of the owner, it is the owner who will be liable for defective plans.
Architect-engineer contractors shall be responsible for the professional quality, technical accuracy, and coordination of all services required under their contracts. A firm may be liable for Government costs resulting from errors or deficiencies in designs furnished under its contract.
A construction defect happened whenever a completed or partially finished structure fails to perform as required by accepted building standards or applicable construction contracts. ... Construction defects can be categorized into two major categories: obvious and hidden. ... Commonly, however, construction defects are hidden.
Suffice it to say that as of this point in time, there appears to be no California cases which place a burden or responsibility on the contractor to discover errors in the plans and specifications beyond those which are either known to him or those which a reasonably prudent contractor/bidder should have known.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
In the traditional form of building contract, the principal will engage professional designers (ie architects and engineers) to carry out the design work specified in the building contract.
Such as failure due to poor quality workmanship, which can result in a range of damages. Improper plumbing work causing leaks that might promote mold growth or damage electrical wires in a wall is an example.