Yes, architects and engineers can be held accountable for design flaws that lead to construction defects. Professional negligence occurs when a person with specialized knowledge or skill in a particular discipline (like and architect or engineer) fails to act with the same level of care that a reasonably prudent person in their line of work would use when rendering services. This level of attention is referred to as a “standard of care” and its scope varies widely depending on the circumstances and the person’s line of work.

Under the law, design and engineering professionals have a duty of care when offering services, meaning they must deliver their services on par with a standard of care. Any breaches of this duty may be subject to legal action from the client. Some of the most common types of professional negligence in construction include the following:

Architect Negligence: A significant portion of professional negligence cases in construction involve flawed building designs that are not up-to-code or safe for contractors and users. In such cases, the project’s architect is usually the most likely culprit.

Engineer Negligence: Engineers can take multiple roles in a construction project. Because of their versatility on the job, engineers are also likely to commit significant errors, especially when improperly trained or inexperienced.

Pursiano provides expert legal representation to evaluate the design, identify errors, and determine liability. They work with industry experts to build a strong case and pursue claims against responsible parties, seeking compensation for necessary repairs and associated damages, thus protecting your investment.

Local and state building codes require that the builder and its team of engineers analyze the soil conditions where the home is to be built. If the soils analysis shows poorly compacted soils, expansive soils, or soils not suitable for typical home foundation design, then additional foundation design requirements must be implemented.  Building codes and standards of engineering and design may require a builder to increase the size and dimensions of the foundation by embedding it deeper into the ground or adding additional steel reinforcement to offset any anticipated movement or settlement of the soils. A poorly designed and constructed foundation can result in a cracked and damaged foundation system which may affect the structural integrity of the home.

To the unsuspecting home buyer, adverse soil conditions not properly addressed by the builder are latent in nature. This means the failure of the builder to design and build an adequate foundation will not be obvious to the naked eye until damage occurs such as cracks in the footings, cracks in drywall, cracks in flooring, or an unlevel floor system. Once this damage becomes apparent to the homeowner, action must be taken or the right to sue the homebuilder can be forfeited.  Pursiano can ensure that your rights are protected, and that the homebuilder is held legally responsible for these defects and the resulting damages.

Pursuing claims for latent defects involves proving that the defects existed at the time of purchase and were not discoverable through reasonable inspection.

Pursiano assists by conducting a thorough investigation, gathering expert opinions, and filing claims against responsible parties. They guide you through the legal process, ensuring that you can recover costs for repairs and any associated damages, protecting your investment.

Best practices for documenting and addressing construction-related issues include maintaining detailed records, conducting regular inspections, and promptly addressing any defects. Pursiano advises on effective documentation practices and provides legal support in resolving issues. They help you navigate homeowner complaints, coordinate repairs, and ensure compliance with legal requirements, minimizing risks and maintaining the value of your properties.

Resolving construction disputes with your builder or contractor involves negotiation, mediation, or litigation. Pursiano offers comprehensive legal services to navigate these disputes. They review contracts, gather evidence, and engage in negotiations to reach a fair settlement. If necessary, Pursiano represents you in mediation or court, ensuring that your interests are protected and that disputes are resolved efficiently and cost-effectively.