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Do you call it a defect if the building framing does not match the code (the local building code) in a new construction?
Yes. I call them defects. A building official might call them code violations.
A common stud wall framing is shown above. The 2"x4" studs are 16" o.c. and the double top plate is the same size as the studs. The roof rafters, floor joists, or truss chords are resting on the double top plate, and the studs are at 16 inches (406 mm) on center. In this situation, there are no limitations to the distance between the location of the rafter, joist, or chord on the plate and the location of the wall stud.