Legal Aspects :

Defect or Deterioration ?

• Problems and failures in buildings can be broadly attributed to either defects or deterioration .
• Defects arise due to error or omission such as breach of contract , or negligence by a designer or contractor , but deterioration is a natural process which may unavoidable , although minimised by care in design & the selection of material .
• Where the rate of deterioration is excessive it may be due to a defect , such as the selection & use of unsuitable material or an event such as a water leak resulting in fungal decay .
• A defect in such circumstances may be due to a breach of contract or negligence during construction or repair , or it may be a failure by a building owner or tenant to maintain the building adequately or to repair it promptly after accidental or weather damage .