Fighting For Owner’s Rights.
Construction Defects Attorneys
Construction defects not only devalue properties but also put inhabitants at risk of injury. Some defects are apparent, while others appear several years after construction. The construction law attorneys of Pursiano Law have vast experience with construction defects cases in Florida, Nevada, California, and South Carolina. Our attorneys represent property owners who are victims of negligent construction. Our clients include community associations, commercial and residential multi-unit property owners, single-family homeowners, as well as developers and contractors.
What is a Construction Defect?
A “Construction defect” means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:
- Defective material, products, or components used in the construction or remodeling;
- A violation of the applicable codes in effect at the time of construction or remodeling;
- A failure of the design of real property to meet the applicable professional standards of care at the time of governmental approval; or
- A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction.
Potential individuals or entities responsible for creating the construction defects are the developer, contractor, subcontractor, supplier, or design professional involved in the design or construction.
Construction Defects – Patent or Latent
Patent defects are those that are known or readily obvious upon inspection. They are the ones that a contractor, subcontractor, supplier, or other trades person should find during normal inspections. Latent defects are those that are concealed or otherwise not readily observable. They are the ones that may appear long after the building construction is complete, and ownership has transferred from the developer/builder to the residential or commercial building owner.
If you have a construction defect case, Pursiano Law will assess your claim at no cost to you. It is important to be aware of your rights. We will engage industry experts, such as architects, engineers, and contractors, to evaluate the cause of the defects, what repairs are warranted to cure the defects, and estimate the cost of repairs. We negotiate with the developer, contractors, and design professionals as appropriate. If the pre-suit negotiations do not achieve a resolution, we will file a lawsuit and further develop your case for trial or arbitration.
To receive a free consultation about your construction defect case, contact our construction attorneys today.
Our Proven Approach
When a residential or commercial property fails to perform as it should, our construction attorneys work closely with top architects, engineers, construction, and statistical experts to determine the cause of the defective condition, what repairs need to be implemented to cure the defects, and the costs of the repairs. The “hands on” approach by our attorneys gives the client the confidence that their case is properly and carefully being prepared for resolution either through mediation or trial. At Pursiano Law, our belief is the key to a successful resolution requires dedicated oversight of the expert investigation by our attorneys so that the construction defects are diagnosed correctly and properly remedied. This Proven Approach establishes the heart and soul of a construction defect case by assessing the costs to repair defects and winning damages to cover them.
Use of High-Performance Computing
When evaluating complex construction defects, our attorneys can utilize advanced computer parametric simulations to figure out how the defective building acquired its damage and predict the best repair to eliminate future damage. This parametric simulation technological approach is scientifically supported evidence that backs our legal recommendations for compensatory damages. Our construction attorneys’ use of high-performance computing has been recognized in the High-Performance Computing (HPC) industry with an award at the 2019 International Supercomputing Conference in Dallas, Texas.
Our construction attorneys work closely with top forensic architects, engineers, and contractors, to evaluate the nature and cause of the defects, develop repair recommendations with a detailed cost of repair estimate to correct the defects and damages. These seasoned experts bring years of construction industry knowledge and litigation and deposition experience. In addition, the forensic experts will appear at trial, arbitration, mediations, or settlement conferences to assist in explaining the construction and design deficiencies at issue in our clients’ case.
Advance Litigation Costs
In some cases, the litigation costs can be substantial, particularly in complex cases that require extensive expert investigation, discovery, and depositions. These costs can include expert investigative fees and costs, expert witnesses’ fees, court filing fees, arbitration fees, mediation fees, deposition costs, travel, and other expenses related to the litigation process. This can be a significant financial burden for a client, especially for individuals or small businesses.
To help ease this burden, Pursiano Law will advance litigation costs in many situations. In such circumstances, we will offer contingency attorney fee payment plans to our clients. This often means we advance the litigation costs and attorneys’ fees are paid as a percentage of the recovery at the end of the case, typically from the settlement or judgment proceeds. This allows our clients to pursue their case without worrying about the immediate financial impact. Also, we do provide our services under a conventional hourly fee payment plan where the client pays for the litigation costs and attorney fees on a monthly basis.
Our law firm has handled a range of construction defects cases in Florida, Nevada, California, and South Carolina. Here are examples of the conditions that have led to faulty construction claims:
- Failure to properly install window and sliding glass door systems.
- Damaged drywall around or adjacent to windows and sliding glass doors due to improper weatherproofing per the building code.
- Sewer and plumbing backups caused by inadequate sewer line installation.
- AC and ventilation systems fail to cool and dehumidify causing mold growth inside the unit/home.
- Cracks in drywall and stucco caused by a bad design or a failure to follow the design plans.
- Cracks in building foundation, slabs, and walls caused by soil settlement, inadequate geological testing and/or site design, improper placement of reinforcing steel, or failure to follow the engineering site design and plans.
- Flickering lights or electrical outage from inadequate electrical load and wiring.
- Roof defects causing leaks or falling tiles.
- Podium deck leaks into garage below due to improper design, construction, or application of waterproofing.
- Leaks through retaining walls caused by improper design, construction, or application of waterproofing.
- Drainage conditions caused by the builder’s failure to install a project-wide drainage system resulting in standing water and flooding in homes and yards.
Who Can Be Responsible For Defective Construction?
There is a plethora of ways in which a contractor may behave negligently or recklessly and place risk on the contractor’s agents, the home/business’ inhabitants, and the property itself. A few common examples of contractor negligence include the following:
- Failure to follow applicable Building Codes and Industry Standards
- Inadequate Supervision Of Workers
- Negligent Selection Of Workers
- Cutting Corners
- Reckless Behavior
- Failure To Follow Safety Procedures
- Failure To Provide Workers With Safety Equipment
- Failure To Acquire Necessary Permits
Savvy real estate developers know that behind every successful construction project is a hardworking team of professionals. From architects and engineers to general contractors and designers, everyone involved must abide by a certain standard of care for the plan to go smoothly. Unfortunately, construction professionals do not always practice due prudence and caution, especially when they lack proper training and resources. A minor miscalculation in the blueprints or loose railing might be overlooked or remedied right away in small designs, but when the stakes are higher, a simple mistake could compromise the entirety of the project.
Professional negligence occurs when a person with specialized knowledge or skill in a particular discipline 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, 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 involves 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.
Catastrophic Construction Failures
While construction defects typically result in no more than moderate damages, catastrophic construction failures are often much more damaging with severe ramifications. Significant foundational and structural damages, for example, could lead to portions or the entire building to collapse. Nearby buildings, drainage vault systems, and community developments could also be at risk. When events like this occur, there is a serious threat of injury, illness, lasting mental health conditions, and even death for any workers on site or pedestrians who happen to be around during the collapse.
Complex Construction Claims
While some disagreements that arise during smaller projects may easily be resolved through negotiation, a simple roadblock in a large construction project may launch an ever-escalating series of disputes among contractors and managers. The following include some common issues present in complex construction claims:
- More than 20 parties involved
- Millions of dollars at stake
- Disputes that span across industries
- Several contract discrepancies
- Ever-increasing legal fees
- Negative publicity
Why Choose Pursiano Law?
At Pursiano Law, we offer exceptional legal services tailored to meet our clients’ specific needs in construction litigation. Our experienced attorneys provide creative and effective solutions, delivering the highest level of representation. If you’re a condominium or homeowner association seeking legal advice or representation, our team is ready to guide you through the complexities of community association law. Schedule a consultation today to learn how we can assist you.
Pursiano Law, LLP
Community Association Law