Water coming through windows or walls. Cracking in stucco, masonry, or foundations. Roofing that repeatedly leaks. Improper drainage. Failed waterproofing. Problems with balconies, decks, or building envelopes.
What you can see is often only the symptom.
By the time a construction defect becomes obvious, the builder, subcontractors, suppliers, and insurance companies may already disagree about what caused it and who is responsible.
Our team includes attorneys with experience handling construction disputes from the construction and defense side. We understand how builders, contractors, subcontractors, and their insurance companies investigate these claims, the experts they rely on, and the arguments they make when responsibility is disputed.
We use that experience to build the property owner’s case.
Common Issues in Construction Defect Cases
Finding the actual defect. A cracked wall, leaking window, or damaged ceiling may show where the problem appeared without revealing what caused it. Identifying the underlying defect often requires looking beyond the visible damage.
Determining who is responsible. A construction project can involve developers, general contractors, subcontractors, architects, engineers, suppliers, and manufacturers. More than one party may be responsible for the same problem.
Hidden damage. Water intrusion and other defects can damage areas behind walls, beneath roofing or stucco, and inside building assemblies long before the full extent of the problem becomes visible.
Repair-scope disputes. The builder may propose a limited repair while an engineer or building professional recommends more extensive work. A proper repair should address the source of the problem, not simply cover the visible symptoms.
Notice requirements and deadlines. Construction defect claims can involve special notice procedures, opportunities to inspect or repair, and legal deadlines. Those requirements vary by state and can depend on when the work was completed, when the defect was discovered, and who performed the work.
How We Handle Construction Defect Claims
We begin by determining what failed and preserving the evidence needed to prove it.
Depending on the property and the suspected defect, that may involve structural engineers, architects, roofing professionals, building-envelope consultants, waterproofing specialists, or other qualified experts.
We review construction contracts, plans, specifications, warranties, change orders, permits, inspection records, photographs, repair history, expert reports, and communications with the builder or contractor.
Once the defect is identified, we evaluate who may be responsible and what claims may be available against the parties involved.
We also look at the full repair scope. A construction defect case should account for both the defective work and the damage it caused, including hidden damage that may not be visible without further investigation.
Our goal is to identify the problem, preserve the evidence, comply with applicable pre-suit requirements, and pursue the responsible parties for the cost of properly addressing the defect and resulting damage.