Quality Control Plan: How to Protect Yourself from Legal Exposure

While warranty costs and hassles are a general concern for every Builder, so is the risk of lawsuits that stem from those construction defects. To mitigate these risks, it is essential for builders to have a comprehensive quality control plan in place. This plan serves as a roadmap for ensuring that construction work meets the required standards and specifications.

A quality control plan template can provide a structured framework for creating such a plan, outlining key steps and procedures to be followed. Within this plan, the product and process characteristics should each find their distinct places. By implementing effective quality control plans, builders can proactively identify and address potential defects, reducing the likelihood of lawsuits and warranty claims related to the product and process characteristics. Additionally, a well-documented construction quality control plan helps clarify the responsibility of different parties involved, such as builders, subcontractors, and suppliers, with a focus on these critical product and process characteristics. This approach minimizes disputes and establishes clear lines of accountability for the product and process characteristics throughout the project.

Once the project is settled and closed, the Builder is liable for the overall quality, including work done by Subcontractors. The best defense is to keep construction defects from occurring in the first place. Of course, that’s easily said. That’s also why an active Quality Control System is a vital component in the building process, especially in light of today’s litigious construction environment.

It’s not uncommon for a Superintendent to simultaneously oversee two to six projects in various stages of completion. QA Managers commonly oversee a whole region of projects.

These projects are often miles apart, leading to the term "Windshield Supervision" – meaning the manager only has time to slow down in his truck and view the construction progress through his windshield. Then he's off to the next location.

Without a solid quality management system (QMS) in place, this can leave subcontractors completely unsupervised, increasing the risk of errors and defects. A robust QMS, incorporating a process flow diagram and addressing customer requirements, ensures that proper supervision and oversight of construction activities are maintained even in remote locations. This, in turn, promotes adherence to quality requirements and prevents subpar workmanship.

Using this system, managers can effectively monitor and manage construction projects, irrespective of their physical distance, thus minimizing the chances of unsupervised subcontractors and improving overall project quality.

A well integrated QC System creates structure, even when you aren’t looking over the crew’s shoulder. Specialized checklists communicate expectations and standards on the jobsite. Hot Spots remind crews not to repeat recurring errors.

When the job is completed, focused QC inspections can be performed by crew leaders, as well as “stretched” onsite Construction Managers. This is especially important in an environment where the Builder may be questioned about a failure to exercise its assumed duty to supervise that work.

Sometimes, a well-meaning Superintendent may get overly involved, providing detailed instructions to subcontractors. However, it's important to strike a balance and allow room for subcontractors' expertise. By fostering constructive communication and empowering the project team, including the Superintendent and subcontractors, process improvements can be achieved. This collaborative approach ensures efficient construction project execution while leveraging the collective knowledge and skills of the team.

When this happens, the Builder can become liable for the result. The QC System establishes best practices and standards. It removes the reliance on the Construction Manager’s “expertise” and his “opinion” of what is acceptable quality or a completed job.

Through final inspections, the Superintendent and QA Manager are double checking that the job is 100% complete per the Builder’s standards and ready for the next phase of construction to begin. Otherwise, he gets out of the Trade’s way and lets them do their job. He’s supervising, without getting “hands on.”

While the Superintendent is managing a localized number of jobsites, the Builder's Operations Management Team must keep a vigilant look-out for repeat errors across all projects under construction.

This includes monitoring the quality of raw materials, establishing clear acceptance criteria, and implementing a comprehensive quality plan. By closely tracking these factors, the Operations Management Team can identify and address any recurring issues, ensuring consistent quality standards are met throughout all construction projects.

Multiple projects with the same or similar defects can lead to class action lawsuits and negative media spotlights. Through the QC reporting tools, the VP of Construction and QA Manager can monitor quality grades and subcontractor performance issues. When a recurring error or defect is identified, immediate action can be taken to prevent duplicating it in other projects.

Hot Spots can remind project personnel, including the VP of Construction, not to make similar mistakes that may affect quality objectives. Checklists can be revised to align with these objectives, and inspections can be improved to include performance tests. Best of all, updates can be quickly and efficiently distributed across jobsites, communities, and divisions. This proactive approach is preferable to the old-school builder who finds quality issues just by looking for trends in warranty requests. By that time, it's too late, and the damage is done.

Unfortunately, new project construction is susceptible to defects, which can lead to litigation. To effectively defend against defects, a progressive Builder must cultivate a team dedicated to achieving First Time Quality in every construction phase. This team comprises Leadership, Managers, Superintendents, and subcontractors for all projects. Through robust quality control activities, clear quality objectives, and meticulous process controls, the Builder can minimize defects. This approach reduces the risk of litigation and fosters a quality-driven culture throughout the construction process.

An integrated QC System provides the framework for all positions to work together, and to ensure the quality and consistency of the end product. It’s the first step to reduce the risks for legal exposure.While warranty costs and hassles are a general concern for every Builder, so is the risk of law suits that stem from those construction defects.