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 approximately 20% compared to the average year.

Defects that frequently occur in our daily lives include water leaks, cracks, plumbing problems, noise and vibration, etc. 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 on the exterior walls and floors of buildings, 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 and drainage, heating and cooling, and gas construction, poor construction and deterioration are cited as the main causes. When problems with piping occur, it can have a significant impact on the building, resulting in a shortened lifespan of the building.

In addition, ‘noise and vibration’, so-called inter-floor noise, is the occurrence of sound and shaking that exceeds the standards set by law, and is a defect caused by noise and vibration from construction sites and traffic noise and vibration in addition to noise between apartment floors. Noise and vibration are pointed out as the biggest problems among construction defects because they cause direct damage to human health, property, and the environment.

There are many cases where such everyday 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 dispute mediation and financial procedures at the lower level.

The problem is when there is no conclusion here either. 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 construction errors, whether the construction was done according to the design drawings, whether it complies with functional and safety regulations, and furthermore, whether there are any aesthetic problems.

Attorney Kim Hyeong-jin of Daeryun Construction and Real Estate Group at 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. The purpose of this is to listen to experts' opinions on specialized issues that are difficult for judges to judge and use them as litigation materials." Here, the appraiser is selected based on professional knowledge and experience, and through the appraisal process, the cause and scope of damage are identified. “It can be said that communication between lawyers and appraisers is very important as it is a key process that determines victory or defeat. Therefore, if you are a party to a construction dispute, the best way is to seek help from an expert rather than simply researching the matter on the Internet.”

Reporter Jin Ga-young, Lawissue news@lawissue.co.kr

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Legal response to construction defects in everyday life such as water leaks and cracks (Shortcut)