Construction Frequently Asked Questions
Q: What are Building Codes?
A: Building codes are local regulations or ordinances that are created in order to maintain a set minimum standard of quality for the construction work that is performed within the area. In order to enforce the standards, each local government has a building and or a zoning department that oversees the construction industry within their jurisdiction. Building inspectors are officials that work to ensure that the local building codes are enforced.
Q: What are Building Permits?
A: Building permits are given to contractors that are engaged in commercial or residential construction projects to provide verification to the local authorities of the project. Most local governments have their own set of rules and regulations regarding the building code and permitting process.
Q: What Type of Permits will I Need?
A: Most likely, in the least, if you are engaged in a residential construction project, then you will need to obtain a building permit. In commercial construction projects, there may be many local building codes and permitting regulations that are required. In this case, it would be advisable to contact a licensed commercial contractor or a qualified construction industry lawyer.
Q: Should I use a Licensed Contractor?
A: There may be limitations in receiving services fr0m contractors that do not have a construction contractors' license. Some states, do not allow the provisioning of inspections to construction projects that are performed by non-licensed contractors. Furthermore, there may be cases where a certificate of occupancy may be with-held if the construction project was not performed by a licensed contractor.
Q: What is a mechanic's lien?
A: A mechanics lien is a claim that is filed against a property that is provided to secure payment for services or materials that were delivered by either a contractor or subcontractor of a construction project. The performance of the lien places the ultimate responsibility of expenses that are incurred on the project to the property owner. If the property owner does not pay off the lien, then the lien holder may be able to file a lien against the property in court.
Q: Is There a Difference Between a Building Inspection and a Home Inspection?
A: Yes. A building inspection may be performed at various stages of a construction project. For instance, when a concrete slab has been poured, the framing has been built, or the electrical has been installed, an inspection will be performed to determine the quality of specific portions of the project. A home inspection is generally performed to determine the quality of a pre-existing construction. Home inspectors do not perform the same tasks and role as that of a building inspector.
Q: What are construction defects?
A: Generally speaking, a construction defect is a portion of the construction development which lowers the value of the property.
Q: If there are Construction Defects, Who is Responsible?
A: Most often the responsibility for construction defects is the general contractors, builders, or subcontractors. Depending on the persons that performed the tasks associated with the defective product, there may be multiple parties liable for the defect.
Q: If I have a Construction Problem, How Can I Recover Money for Damages from the Contractor?
A: You should hire an experienced attorney to represent your case and fight to recover the attorneys' fees and damages.
Q: Is There a Statute of Limitations on these Types of Claims?
A: Yes. Each state has different statutes regarding the limitations. However, the typical term from the date of defect discovery to filing is at least three years. In certain circumstances, the statute is effective from the completion of the construction. In such an event, it is advisable to consult with a qualified construction lawyer.
Q: The Builder is Not Doing Anything to Resolve the Problems, What Can I Do?
A: In the event that the contractor or construction company is not taking responsibility for the problem, you should contact an architect, and an attorney, to remedy the situation as soon as possible. If efforts to handle the problem with the builder have been unsuccessful, then proceeding with construction litigation may be required.