Construction Law
Are Contractors Liable for Nail Pops?
Nail pops are commonly found in the walls and ceilings of both older and newer homes. In many cases, nail pops are hardly noticeable. They typically present themselves as a minor bump or a crescent-shaped crack, and they’re easy to miss if you don’t have a discerning eye. As a contractor, you simply don’t have time to give every single housing unit a 360° inspection, especially when you’ve just wrapped up construction on a community with hundreds of new homes. Therefore, as residents move into these homes, it’s not uncommon to receive a few complaints about nail pops from the owner that contracted you to complete the project.
This raises an important question: Are contractors liable for nail pops? Continue reading to see what our Jacksonville construction lawyers have to say about the matter. Remember, if you’ve been accused of defective or subpar work, consult a Jacksonville construction lawyer from Cotney Attorneys & Consultants for industry-leading legal defense designed specifically for the needs of contractors and other construction professionals.
Nail Pops Are Normal…
Nail pops occur when building materials expand or contract as a result of fluctuations in temperature. The movement that occurs as a result can lead to a nail popping through the wall or causing cosmetic damage to the drywall. This is more common in high-humidity areas, so Florida contractors should be extra wary of nail pops.
Related: Getting a Florida Residential Contractor License
While you might consider a nail pop a minor inconvenience, an individual purchasing their first home may have a much more serious reaction. Can you imagine a person walking into their new home and being met with an unsightly nail protruding from the wall? It might not be a “big deal,” but it’s not going to instill a sense of confidence in the home buyer either. That said, it’s hard to blame a contractor for a nail pop, which typically occurs as a result of changes in temperature from hot to cold and vice-versa. As a contractor, you obviously can’t control the weather, which means you can’t be held responsible for nail pops. Plus, nail pops aren’t typically covered by a new home warranty.
Related: Dealing With Defect Work Claims
…Until They Reveal a Building Defect
While nail pops themselves aren’t a cause for alarm, they can potentially reveal a more dire issue, including:
- Defective Drywall
- Shifting Wall
- Damaged Foundation
- Plumbing Issues
In cases such as these, the owner may attempt to contact you regarding a defective work claim. This presents you with three options:
- You can repair the defect/damage
- You can refute the claim and see what happens
- You can consult a Jacksonville contractor lawyer for assistance
If you would like to speak with a Jacksonville contractor lawyer, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.