Construction defects in everyday life, such as water leaks and cracks, and legal response methods
While conflicts surrounding the poor construction of apartments and other apartment complexes continue to persist, the number of people suffering from defect problems appears to be increasing. In fact, according to the Ministry of Land, Infrastructure and Transport, the number of dispute cases related to defects in apartment complexes handled by the Defect Review and Dispute Mediation Committee under the Ministry of Land, Infrastructure and Transport increased from 3,954 cases in 2019 to 4,559 cases in 2023. In particular, the number of defect disputes handled last year (January to August) was 3,525, an increase of about 20% compared to the average year. Defects that frequently occur in our daily lives include water leaks, cracks, plumbing problems, and noise and vibration. In the case of ‘leakage’, which is an easily encountered defect, the main causes are insufficient waterproofing and poor curing of concrete. If waterproofing is not done properly or concrete curing is not done properly, cracks may occur due to temperature changes, drying shrinkage, etc., causing water leaks. Water leaks are highly likely to spread into secondary problems such as mold and wall cracks. ‘Cracks’ are cracks that occur in the exterior walls and floors of a building, and are typically caused by materials, design, construction, and structural exterior walls. If a crack occurs, caution is required as it can cause fatal damage to the building, such as material corrosion, structural defects, and reduced durability. In the case of piping for water supply, drainage, heating and cooling, and gas construction, poor construction and aging are cited as the main causes. When a problem occurs in the piping, it has a significant impact on the building, which can result in shortening the lifespan of the building. In addition, ‘noise and vibration’, so-called inter-floor noise, is the sound and shaking that exceeds the standard set by law, and is caused by construction site noise and vibration, traffic noise and vibration, etc. in addition to apartment inter-floor noise. Let's do it. Noise and vibration are pointed out as the biggest problems among construction defects because they cause direct damage to people's health, property, and the environment. In many cases, such daily construction defects lead to legal disputes. Usually, if you discover a defect in a newly built apartment, you should first report it to the management office and then request repairs. If no action is taken at this stage, it is necessary to discuss measures through a tenant meeting or go through the sub-committee dispute mediation and financial procedures. The problem is when no conclusion can be reached even here. In this case, a defect repair lawsuit must be filed to clearly determine the cause and responsibility. Accurate diagnosis and judgment must be made to determine whether there were any mistakes in construction, whether the construction was done according to the design drawings, whether it is in compliance with functional and safety regulations, and furthermore, whether there are any aesthetic problems. Kim Hyeong-jin, a lawyer at Daeryun Construction and Real Estate Law Firm, said, “One of the most important things in this stage of determining the cause is ‘construction appraisal.’ Usually, when a construction-related dispute arises, an appraisal is conducted, which is used to determine specialized issues that are difficult for judges to judge. “The purpose is to listen to the opinions of experts and use them as litigation materials. Here, the appraiser is selected based on professional knowledge and experience, and as this is a key process that determines the success or failure of the lawsuit, communication between the lawyer and the appraiser is very important. Therefore, the best way for parties involved in a construction dispute is to seek help from an expert and discuss compensation standards in the event of a dispute. “It can be said that it is a process,” he said. Jin Ga-young, Lawissue Reporter news@lawissue.co.kr[View full article]
Construction defects in everyday life, such as water leaks and cracks, and legal response methods (Shortcut)