Construction projects do not always go as planned. When workmanship, materials, or design fall short, defects and deficiencies can lead to delays, safety concerns, and costly disputes. In British Columbia, construction defect claims are common in both residential and commercial projects, and the legal framework is well established.
If you are dealing with a construction issue and need legal guidance, this is where working with an experienced construction disputes team matters. You can learn more about our Construction Disputes services here: Construction Disputes.
What Is Considered a Construction Defect or Deficiency
A construction defect or deficiency refers to work that does not meet contractual standards, building codes, or industry norms.
A defect typically involves a serious issue that affects the structure, safety, or intended use of a building. Examples include water ingress, structural instability, or envelope failures.
A deficiency is usually a less severe problem, such as incomplete work, poor finishes, or materials that do not match specifications. While deficiencies may appear minor at first, they can still escalate into larger disputes if left unresolved.
In BC, both defects and deficiencies can give rise to legal claims, depending on the scope of the issue and the contractual obligations involved.
Common Types of Construction Defects in BC Projects
Construction defects vary by project type, but some issues appear repeatedly across British Columbia.
Common examples include:
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Water penetration and building envelope failures
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Improper drainage or waterproofing
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Structural defects involving foundations, framing, or load-bearing elements
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Electrical or mechanical system failures
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Poor workmanship or substandard materials
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Code compliance issues and inspection failures
Many disputes arise after occupancy, when problems surface months or even years later. This is especially common in multi-unit residential buildings and complex commercial developments.
Who May Be Responsible for Construction Defects
Responsibility for construction defects depends on the facts of the project and the contracts in place. Liability may rest with one party or be shared among several.
Potentially responsible parties include:
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General contractors
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Subcontractors and trades
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Developers
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Architects and engineers
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Material suppliers
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Property owners, in limited circumstances
Determining responsibility often requires a detailed review of construction contracts, scopes of work, and project documentation. In some cases, professional negligence claims may arise alongside breach of contract claims.
How Construction Defect Claims Are Resolved
Construction defect disputes in BC can be resolved in several ways, depending on the complexity and urgency of the issue.
Resolution options include:
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Negotiation between the parties
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Mediation or arbitration, if required by contract
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Builders lien claims, where payment issues overlap with defects
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Court proceedings through construction litigation
Early legal advice can help preserve evidence, manage limitation periods, and position a claim or defence effectively. In many cases, disputes can be resolved without going to trial, but preparation is key.
When to Involve a Construction Litigation Lawyer
Involving a construction litigation lawyer early can make a meaningful difference in the outcome of a dispute.
Legal support is especially important when:
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Defects affect safety or structural integrity
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Multiple parties are involved
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The project value is significant
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Deadlines or limitation periods are approaching
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Negotiations have stalled or broken down
A construction litigation lawyer can assess liability, coordinate expert evidence, and guide the dispute toward resolution while protecting your legal and financial interests. For more on how we handle these matters, see our Construction Disputes service page.
Construction Defect Disputes in Residential and Commercial Projects
Construction defect claims arise in both residential and commercial contexts, but the issues and stakes often differ.
Residential disputes frequently involve homeowners, strata corporations, and developers, with building envelope issues being a common trigger. Commercial disputes may involve complex contracts, multiple consultants, and significant financial exposure tied to business operations or investment timelines.
Regardless of the project type, construction defect disputes require a practical, informed legal approach that balances risk, cost, and resolution strategy.
If you are dealing with a construction defect or deficiency in British Columbia, McKechnie & Company can assess your situation, explain your legal options, and help you determine the most effective path forward, whether that involves negotiation, dispute resolution, or litigation.