Residential and Commercial Construction Defect Litigation
Owners and builders come to us because they know that we treat the cost of litigation as major consideration in every case and that our goal is to resolve the defect claim as efficiently and cost effectively as reasonably possible.
Broadly speaking, construction defects refer to a deficiency in the construction process – be that in design, materials, or workmanship – which leads to a failure in some aspect of the structure being built, and that causes damage to a person or property (financial or otherwise).
Defects can be as simple as a design or selection of materials that fail to meet the owner’s expectations, or as complex as an error in engineering that leaves the completed building or structure at risk of catastrophic failure.
One of the biggest problems with construction defects, whether you are accused of causing the defect, or own the defective building or structure, is managing the cost of identifying and, if necessary, correcting the defects. That cost, and difficulty in managing it, can increase exponentially if litigation is required to resolve the defective dispute.
We view litigation as the last step in defect resolution and one that should only be taken if informal resolution proves impossible.
They also know that if we believe that our fees could cost the client more than the defect claim is worth, we will tell them that before they hire us.
Once we are hired, working with our experts, we will evaluate the quality of construction to determine if defects exist, and if so, how best to correct them, the cost to do so, and who, if anyone, is responsible for the defects.
We then work closely with the client and, where appropriate, the opposing party and their counsel to address the defects as expediently and cost efficiently as the matter permits.