Specs and Construction Defects – Avoiding Litigation Claims

New and remedial construction in Hawai`i continues to grow at a fast pace, as do interest, inflation, and construction defect claims. Team-based construction models on every project, ranging from design builds and track homes to more traditional architect design/contractor bids, span multiple levels of construction defect litigation exposure. The integrity and crafting of the construction documents aid in determining where defects, if presented, have the least amount of liability exposure, or can determine the final financial award to one party in the claim. Parties in the claim generally include the developer, general contractor, sub-contractors, design team and the project owner (or owners, if the project is a multi-unit development with an Association of Unit Owners).

The moderated seminar will include panelists as well as participant questions to discuss the importance of the contract documents in defect claims, focusing on specifications and why architectural drawings are considered “complementary” to the project. Also considered is the origination of the specifications provided in the contract documents. Are they unique specifications created for the project, or a general specification provided by the product manufacturer representative? References to ASTM testing standards will be incorporated to demonstrate how these standards impact specifications.