Latent Defect Essay

Words: 1397
Pages: 6

Mike Christensen
December 10, 2009
CM 385: Section 1
Final Paper
How Can A Contractor Avoid Liability for Defective Work?
Every contract created produces a margin of risk and a platform for success. Depending on how one manages the risk assumed, one may either excel and shine in the glory of success or drown and disappear in the raging waters of error. Nevertheless, to become great one must take that step of faith into the flailing wind. As said by Leo F. Buscalglia, “The person who risks nothing – does nothing, has nothing, is nothing, and becomes nothing. He may avoid suffering and sorrow, but he simply cannot learn… and grow… and live.” (Buscalglia, 2009) The contractor who is bound to the owner must understand the risk
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The most identifiers for these failures are unsatisfactory material, workmanship, or design; all of these produce results that do not comply with the contract requirements.
In reference to the three common identifiers mentioned above, the most difficult to resolve is the case where the material is defective – who is responsible – the owner, architect, manufacturer, or contractor? The variety of materials is so vast and the testing so limited, that the various personnel mentioned above try to cut costs without assuming the liability. In the case, Wood-Hopkins Contracting Co. v. Masonry Contractors Inc., Masonry Contractors Inc. contracted to install and clean the masonry for an apartment complex in Atlanta, Georgia. Upon substantial completion, water was found leaking into the apartment due to the recently constructed masonry wall. Wood-Hopkins immediately accused Masonry Contractors Inc. for the defective work and requested that they waterproof the entire structure (a cost of $12,255.00). Masonry Contractors Inc. recognized that the leak came from the wall constructed by their crew, but affirmed that the contract