Construction defect definition

Construction defect means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:
Construction defect means any alleged or actual defective, faulty or delayed construction or any other matter recognized as a construction defect under applicable common or statutory law, whether or not as a result of (i) faulty or incorrect design or architectural plans, (ii) improper soil testing, (iii) inadequate or insufficient protection from subsoil, ground water or earth movement or subsidence, (iv) the construction, manufacture or assembly of any tangible property, (v) the failure to provide construction related goods or services as represented or to pay for such goods or services, or (vi) the supervision of such activities.
Construction defect means any actual or alleged defective, faulty or delayed construction or any other matter recognized as a construction defect under applicable common or statutory law, whether or not as a result of:

Examples of Construction defect in a sentence

  • To the fullest extent permitted by law, Subcontractor shall indemnify and hold harmless, including costs to defend, Builder, owner of the Property, Builder’s officers, directors, agents, successors and assigns (hereinafter “Indemnified Parties”), from and against liability for Construction Defect Claims to the extent the claims arise out of, pertain to, or relate to the Subcontractor’s scope of work due to the fault of the Subcontractor.

  • Subcontractor’s indemnification and defense obligations hereunder shall extend to Construction Defect Claims occurring after this Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the Indemnified Parties for such matters which are indemnified herein are fully and finally barred by applicable Laws.

  • A "Construction Defect Claim" is, among other things, a claim related to an alleged deficiency or defect in the development, planning, design, supervision, observation of construction or construction of an improvement to real property.

  • The obligation of Subcontractor to defend the Indemnified Parties related to any Construction Defect Claim shall be effective immediately after such claim is tendered to Subcontractor by the Indemnified Parties regardless of whether Subcontractor is a party to the claim.

  • Finally, Subcontractor agrees to defend each Indemnified Party against any Construction Defect Claim, or portion thereof, related to or arising out of Work by or for Subcontractor or Subcontractor’s failure to comply with the terms of the Construction Agreement (and any addenda and exhibits thereto), including, without limitation, all costs and expenses related to such defense (including, without limitation, attorneys’ fees, court costs and all other professional, expert or consultants’ fees and costs).


More Definitions of Construction defect

Construction defect means a matter or claim arising directly or indirectly out of the design, construction or repair of a new residence, or an alteration or addition to an existing residence, or of an appurtenance to a residence, upon which a purchaser has a complaint against a contractor;
Construction defect means any actual or alleged defective, faulty or delayed construction, including, but not limited to, in whole or part, any:
Construction defect means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:
Construction defect means an alleged or actual unsafe or defective condition of an improvement to real property.
Construction defect means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. "Substantial rehabilitation" includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design.
Construction defect means any equipment or materials that are a part of the original construction of an Asset that as of the Closing Date are not in conformance with the approved drawings and specifications for such Asset or that do not meet the requirements of any inspection, reference standard, test, approval, or acceptance required by Applicable Law.
Construction defect means a deficiency in the