The Construction Defect team assists attorneys, property owners and construction professionals with architectural and engineering analysis, reports and plans to restore properties to a pre-loss state.
Our civil, structural, and architectural engineers provide expert investigation and testimony of the technical aspects of the construction project. This can include reviewing design plans and specifications, compliance evaluations with respect to governing building code, inspection of the as-built site conditions, and analysis of the construction methods and materials used.
How long do I have to file a construction defect claim?
Statutes of repose and limitations vary by state and can be as short as a few years from substantial completion or discovery of the defect, respectively — confirm your state’s deadlines with counsel before delaying an investigation. If you miss the deadline, you may lose the right to bring a claim entirely and be left responsible for the cost of repairs.
What if my builder told me I am past my one-year warranty?
Builders often offer one- or two-year warranties, which are sometimes backed by a third-party insurer. Not necessarily. A warranty and a builder’s legal obligations are separate, and an expired warranty does not relieve a contractor of its responsibilities under state law.
What’s the difference between a construction defect and normal wear and tear?
A defect traces to a design flaw, building code violation, or workmanship error at the time of construction. Wear and tear is the deterioration expected to occur over time with age and use. A forensic engineering investigation is often necessary to tell them apart.
Who determines whether a defect is a design flaw or a construction error?
An independent forensic engineer reviews the original plans, the as-built conditions, and applicable building codes to identify where the deviation occurred — and whether it originated with the design or the execution.
Do I need an engineer’s report before filing a claim?
Most defect claims require documented, credentialed evidence of the defects and their cause before a claim can be substantiated — an early report also helps establish the scope and cost of repairs.
