When does a building defect become a defect?

When does a building defect become a defect?

There seems to be a great deal of misrepresentation about the term?"Building Defect.” For years Industry professionals have been using this term for just about anything that they believe is not as it should be.

It's very subjective.

Do defects occur during or post-construction? Are they apparent or latent? If so, when does a defect actually become a defect?

If we look to the Oxford dictionary the word "Defect" is explained as "a shortcoming, imperfection or lack". The NCC's Australian National Dictionary of Building & Plumbing Terms defines a "Building Defect" as a:

“fault or deviation from the intended condition of a material, assembly or component.”

But what does this really mean? Are there limitations or exemptions?

Even the best Construction Lawyers would argue there is ambiguity surrounding the term 'Defect'. And where does Building Quality come into consideration when determining whether a defect actually exists?

There are many papers written about the scalable defect phenomenon and how the inherent extent and severity are proportionate to the scale of the defect. This is again a subjective evaluation. The impact of a seemingly 'minor' defect such as a small surface discontinuity on plasterboard ceiling as being "within tolerance" and therefore defer any rectification. However, what if this discontinuity is in front of a full height window and highly visible due to glancing light - or what if this crack is a symptom of significant (and dangerous) structural movements?

Often the liability for "defective construction" is dependent on the quality?control documentation a builder, contractor or supplier is able to provide?in defence of any defect claim. Whilst government agencies have attempted to?document "what constitutes a defect", the severity and recommended actions?are restricted to Domestic Construction. For the majority of large?construction and developments, actions to address defects are often argued?by lawyers and result in negotiated financial settlements or expensive work?orders by the courts.

Architects and building designers play a significant role involvement in this - without a common focus on defect identification and mitigation - to drive an emphasis Quality Control process, which if poorly executed inevitably results in defective workmanship.

At present, in Australia the preferred method of construction is "fast tracking" - this strategy is preferred as it is 'perceived' to save time, by?facilitating accelerated completion of works through the progressive?commencement of construction works as the design is developed. Thus, overlapping?design and construction activities, as opposed to waiting for the design to be?completed before construction commences.

Whilst this theory enables developers?to realise their investments sooner, it places enormous reliance on the?collaboration of design and construct disciplines. None more important than the?head designer - the architect.

Architects are trusted with conceptualising structures and documenting each?component that is to be assembled or constructed. In reality and due to the?accelerated expectation of a project's delivery, the poor Architect relies on?other disciplines and ultimately the builder to fill in the gaps which exist in?their design documentation.

This incompleteness could be easily referred to as?defective design, if we compare the perception that incomplete work by a builder's is in fact defective, could this be the true origin of a building?defect?

Jehangir Ratanji Dadabhoy (JRD) Tata was quoted saying:

"Quality is first?engineered, only then it is inspected".

The focus for Defects minimisation and mitigation is commonly enforced during the delivery phase of construction. In the opinion of the writer, very little?Quality Control is undertaken during the design or engineering of a building and?there is strong reliance on closing design gaps by the builder or construction?trades.

Do not get me wrong, most reputable design consultants engage in internal?"peer review" practices, to assess design outputs. However, are these sufficient?to test design principles and ensure buildability of the design? Is the building?designer afforded adequate time to test and verify the design prior to?commencement of construction work?

The answer, unfortunately, is often; "No".

The Fast Track technique much loved by the Australian Construction Industry, is?a contributing factor for ever-increasing building defects, which?originate from poor and incomplete design, then transfer to deficient scopes of?work, inadequate procurement and ultimately lead to rushed construction. All?resulting in "faulty assemblies and components" - otherwise known as Defects.

So, a defect's origin can be traced back to the initial phase of the construction?delivery - design. To remedy and eradicate the same failures that ultimately?result in building defects, we must as an industry look at alternate methods of?construction, learning from ancient civilisations that built monuments, which have?outlasted thousands of years of weathering and use.

"Quality is an investment in?the future" (N. Musz),

that

"is remembered long after the price is forgotten"?(A. Gucci)

Albert Einstein once wrote;

"Without changing our patterns of thought, we will not?be able to solve the problems that we created with our current patterns of thought.”?

Perhaps Einstein was onto something...........

Author: Patrick Carnuccio (CQA) 23/07/2023

?