Substandard work in construction isn’t merely about aesthetic disappointments. It can potentially constitute a breach of contract, especially if the work fails to meet either the provisions outlined in your agreement or widely accepted industry standards. These issues go beyond simple dissatisfaction and can have serious legal and safety implications.
Is It a Material Breach or Simply a Minor Defect?
Not all quality issues are equal. A material breach is a failure so substantial that it defeats the purpose of the contract, from the use of materials of a lower quality than those agreed upon to improper installation techniques that compromise the structure’s integrity. A minor defect, on the other hand, is a small imperfection that does not significantly affect the overall value or functionality of the project.
When deciding if the quality of workmanship is material, courts may consider several factors:
- The extent of deviation from contract requirements
- The impact on the project’s overall value or usability
- The cost and feasibility of resolving the problem
- Whether the issue affects the building’s safety or structural integrity
For instance, a slight variation in the shade of paint might simply be a minor defect. However, if the contractor or construction company improperly laid the foundation, which causes structural instability, courts may view it as a material breach. This distinction is crucial because it determines the legal remedies available to you and can significantly impact the outcome of any potential dispute.
Did They Substantially Perform the Terms of the Contract?
Courts typically recognize a concept known as “substantial performance.” This legal doctrine acknowledges that in complex projects like construction, perfection is rarely achievable. This means that if a contractor has completed most of the work satisfactorily, they might not be in breach even if some minor issues exist.
This concept prevents situations where a property owner could refuse payment over trivial imperfections. However, it also does not give contractors a free pass on quality. The work must still meet the essential requirements of the contract.
What Are Your Next Steps When Quality Falls Short?
Document all issues thoroughly with photos and written reports. Communicate your concerns to your contractor in writing. However, if problems persist, then it may be time to consult with an attorney. They can help you understand your rights and guide you through the next steps to protect your investment.