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Several causes lead to quality of construction dispute

by TNTP LAW | Nov 29, 2024 | Legal newsletter

Several causes lead to quality of construction dispute

  • 1. Causes Related to Design
    • 1.1 Designs Not Meeting Standards and Regulations of Construction
    • 1.2. Design Changes During Construction
  • 2. Use of Inappropriate Materials
  • 3. Substandard Construction

Ensuring quality is one of the most prioritized criteria in the construction field, as it directly affects safety and long-term usability. To ensure construction quality, every stage, from design and material selection to construction must be carried out carefully and in compliance with contractual terms and legal regulations. When a dispute over construction quality arises can lead to financial losses, reputational damage, and other legal consequences. Therefore, in this article, TNTP will mention some of the causes leading to disputes related to construction quality.

1. Causes Related to Design

Designing is the phase where the construction’s concept and architecture are developed. In this phase, besides aesthetics, architects must calculate parameters to ensure compliance with applicable technical standards to meet the condition for construction. Hence, problematic or impractical design drawings can affect the quality and progress of construction, leading to the dispute.

1.1 Designs Not Meeting Standards and Regulations of Construction

During the design process, architects must ensure that the drawings comply with mandatory construction design standards to guarantee safety and quality of the building. Designs that failed to comply the standard may result in issues such as failure to meet safety requirements, e.g. load-bearing capacity or fire resistance; and difficulty in acceptance due to unmet standards. These issues can delay construction and require additional financial resources to resolve, making this one of the causes of construction quality disputes.

1.2. Design Changes During Construction

During construction, design changes may arise due to factors like budget adjustments, spatial optimization, or specific requests from the investor. However, if these adjustments are not carefully managed or aligned with the completed parts of the project, they can complicate construction, inspection as well as quality. For instance, design changes can lead to insufficient load-bearing capacity, increasing the risk of deformation and safety hazards.

In reality, many projects undergo design changes due to investor requirements or unforeseen conditions, which can impact both the quality and timeline, often resulting in disputes during acceptance and handover.

2. Use of Inappropriate Materials

Material is the key factor determining a structure’s lifespan. If contractors use substandard or unsuitable material, the project may fail to meet safety, durability, and load-bearing, causing rapid degradation. For example, in coastal areas with high corrosion levels, failing to use corrosion-resistant materials or properly reinforcing concrete structures can reduce the building’s lifespan by nearly tenfold. Additionally, cases where contractors deliberately use lower-quality steel, cement, or bricks to cut costs and maximize profits can lead to issues like sinking, cracking, or reduced lifespan, posing risks to users.

Such problems not only affect safety and aesthetics but also result in significant financial losses. When the dispute arises, investors typically demand compensation or corrections from contractors, who might shift the responsibility to suppliers or attempt to minimize responsibility.

3. Substandard Construction

Substandard construction is another major cause of poor construction quality. This issue can stem from a lack of skill of workers or insufficient supervision by project managers. When execution quality is not ensured, disputes, especially between investors and contractors, are likely to arise.

The above article on “Several causes lead to quality of construction dispute”. TNTP hopes it is useful to readers.

Sincerely,

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