Faulty Workmanship - Accident or Intentional?Kirk Johnston
April 1, 2009 — 409 views
One may state with a reasonable degree of certainty that no contractor intends to construct a building with faulty workmanship. Certainly, if any defects are present in a structure, they must be accidental. On the other side of the coin, the manner in which a contractor constructs a building could very well be (and in fact may have likely been) the result of intentional acts and decisions. One does not “accidentally” design and construct a building a certain way. Rather, such decisions are likely the result of deliberate, intentional and considered decisions on the part of the contractor. In an insurance context, the above conundrum has sparked endless debates, confusion and conflicting laws regarding whether faulty workmanship is accidentally and, therefore, contemplated under an insuring agreement.