Dr. Mor & Associates

What are the common defects that trigger litigation?

In most cases, Construction Defect (CD) cases are triggered by aesthetic blemishes that are noticed by the owner.  Once investigation by experts starts, the underlying issues, as well as previously unnoticed problems, come to the surface.

The visual triggers:

• Cracks - cracked concrete elements are easily noticed when the concrete is wet and as it matures. As a rule, concrete should not have cracks that are visible to the naked eye. [more...]
• Discoloration - a common complaint involves different colors or shades of gray between adjoining sections of concrete. Occasionally, these colors are the result of a real defect but mostly these are the result of using a man-made material that is produced and placed in the field. [more...]
• Etching - a process that involves the removal of limited areas of the "skin" of the concrete and exposing the aggregates below.  Etching can be an indication of serious problems, but can also the result of a benign process. [more...]
• Popups - a phenomena where conical sections of concrete pop out, leaving behind holes of various sizes. In most cases this is an indication of internal problem that may become serious over time. [more...]
• Uneven surface - can cause problems with the application of flooring and is often caused by difficulties in the process of placing the concrete and finishing it. [more...]
• Movement - when sections of concrete move, vertically or horizontally, the resulting gaps and/or elevation differences can cause tripping and make the structure unusable. [more...]
• Efflorescence - describes the appearance of (mostly) white crystalline powder on the surface of the concrete. It is caused by the movement of moisture through the concrete and evaporation on the surface. [more...]
• Corrosion - rusting of metal inside concrete is unsightly and is often accompanied by local cracking.  This is not a good sign since concrete is supposed to protect embedded iron from corrosion. [more...]
• Disintegration - the total loss of integrity is the ultimate failure of concrete. It is always an indication of serious problem. [more...]

The hidden defects:

• Misplaced reinforcement - can be a serious problem that leads to loss of structural integrity. [more...]
• Low strength - can lead to eventual cracking and failure under structural loads. [more...]
• Reactive aggregates - can remain hidden in the concrete for years before the reaction starts. Once active, the interaction between cement and aggregates can cause failure of the concrete. [more...]
• Durability - is the concrete's ability to withstand aggressive environments. Failure to use resistant materials and/or comply with industry standards can result in concrete that will fail under extreme conditions. [more...]