Construction Defect Claims & Residential Construction Defect Services
Hiring an Expert
There will be times when a construction defect is obvious to the naked eye, such as a misplaced staircase or a pool that is not deep enough. There are other times, however, where you cannot tell the difference without the experience. Be it a lower quality of wood that was agreed upon for an accent or the proper method of supporting the outdoor deck.
For construction defect claims such as these, you will want to hire someone with significant experience not only in residential construction defect services, but also someone that has been involved in construction as a residential construction project manager.
Different Types of Construction Defect Claims
Generally speaking, your claims will fall into one of these categories:
- Breach of contract
- Negligence
In its simplest language, breach of contract is a broken promise by the contractor to deliver on the home as it was promised to you. In order to find the breach, you will likely have to surf through mounds of paper. If you have never had a custom home built, you would be surprised at the amount of paperwork that is generated. Securing proper residential construction defect services will provide you with a profession who can wade through the paperwork to find the exact details of the possible breach of contract.
As an example, let’ say you agreed to a stone-finished front, but you end up getting a home with a finished stucco front. Unless there was an option for the builder to substitute if needed, he or she would be in breach of contact.
For claims of negligence, you will have to prove that the builder:
- A specific duty imposed on the builder by law was not followed
- The legally imposed standard was not followed the builder
- There is, at the very least, a casual link between the standard of care and the resulting defect
- You suffered economic penalties as a result of the construction defect
Something else to be aware of is the amount of time you have to file a construction defect claim from discovery or you will forfeit your legal rights in the case.
An important part of the process is to have the entire project evaluated as well having a plan of action to address the defects in the claim. This will help determine the monetary value of the claim, especially if the builder is not going to be the one fixing the issues.
Most times, these cases wind up in arbitration rather than going to court, so you want to be careful in regard to any concessions made during this process. Again, this is why you need to have an expert by your side in addition to the attorney handling the case. Regardless of how experienced the attorney is in this specific type of law, he or she may not have the expertise when it comes to breaking down the defect, developing a plan of action to address the defect, as well as the costs associated with repairing the defect.
We go into far more detail regarding our construction defect services below…
Construction Defects
When a construction project fails to meet a specified standard or contract requirements, it is considered a construction defect. This “defect” can be caused for a variety of reasons, such as:
- Faulty plans
- Product failure
- Improper specifications
- Quality of work
When these problems arise, they can and do result in costly delays and repairs. In this business, delays are usually penalized financially, adding even more costs to a project that is already spiraling down the rabbit hole.
There is always a root cause of these problems, and it is our job to find them.
Some of the services we offer to find the root cause of residential construction defects are:
- Claims evaluation and quantification
- Damages evaluation
- Damages analysis
- Damages quantification
- Standard of care for construction professionals
- Arbitration and mediation support
In order to find the root cause of the problem, our team of experts will examine the entire structure looking for issues with supplies, designs, systems in place, installation sequencing, and best practices used at the construction site. It is a construction forensics investigation if you will.
Once our team investigates the case, we will report back with what we deemed to be the cause of the problem, as well as a complete damages evaluation and analysis. We will then present a course of action to resolve the problem, estimated costs associated with the solution, and all corrective actions that will need to be taken.
These cases often end up in litigation, and we will remain by your side during this process as well. Our team will gather all the information needed to defend the conclusions reached in our study to help you win your dispute.
If you are an architect, attorney, construction manager, contractor, owner, program manager, or subcontractor, we can help. As noted above, if you bring us in, we will be there every step, providing expert service to ensure the best possible outcome in your dispute.
Your consultation is free of charge, and you are under no obligation to use our services by simply talking to us. So, give us a call at 888-402-4180 to discuss your construction defect case today.
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