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Construction defects are the direct result of poor planning, design, supervision, and construction of a new home. Typically defects occur because a builder and its team fail to design and construct a home to the required standards of the local building code, the applicable industry standards, or standards of care of a design professional. Construction defects describes a variety of conditions as explained below.

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.

Building materials must be suitable for their intended application in construction. For example, a window system that does not meet the wind rating prescribed by the local building code can leak or break during a storm event. Concrete or stucco that is not mixed as required by the building code or industry standards will crack causing a loss of structural support or a failure to bond to the exterior of the home.

Inferior products can fail to perform and function adequately even if properly installed. A product which is rated and approved for use in construction can be defective due to flaws in its design and manufacturing. These manufacturing defects have been found in drywall (Chinese drywall), copper piping, cast iron piping, polybutylene plumbing piping, air conditioning units, asphalt and concrete roofing shingles, and window systems. Pursiano has extensive construction litigation experience involving materials defects and can help you identify the defective material causing damage to your home.

Workmanship defects occur when the homebuilder fails to construct a home according to the building plans, applicable building codes, industry standards, and by failing to make sure their subcontractors perform their work properly. These types of defects are frequently the result of shoddy workmanship and poor supervision. Workmanship defects can involve everything from structural integrity of the home to simple aesthetic issues. Forensic architects, engineers, and contractors can diagnose these defects by evaluating symptoms such as cracked drywall, stucco cracking, and leaks at windows.

To pinpoint the cause of these symptoms, the expert will remove building finishes like stucco or drywall to observe whether the underlying conditions comply with the building code, building plans, and industry standards. These experts will then provide a remedial repair plan to correct the defective condition and damages and to prevent future damage.

Simply patching a crack without repairing the underlying construction defect only provides a temporary repair but not permanently resolve the problem for the homeowner. Pursiano will stand with you, ensuring your builder is held legally responsible for providing a permanent repair to your home.

Structural defects such as defects in the foundation and framing system affect the structural integrity of the home. Structural defects may also be caused by other construction deficiencies. A failure of the home’s weatherproofing system can cause water damage to the home’s framing. Inadequate drainage around the home can cause the settlement of poorly compacted soils or the movement of expansive soils resulting in damage to the foundation and slab system supporting the home. Because of the seriousness of structural defects, careful consideration by trained experts and experienced lawyers is critical to preventing injury to you and damage to your property. Pursiano lawyers stand ready to protect you and your interests

Building codes and industry standards require home builders to design and install weatherproofing to prevent water intrusion into a home. Water seeks the path of least resistance, so gaps or holes in the weatherproofing allow water intrusion causing dry rot, wood decay, and mold. Code compliant installation of windows and doors is mandated so that water cannot seep into the building. Poorly installed roofs and flashing components can also cause interior water damage.

Unfortunately, water intrusion is a common and significant problem in construction defect litigation. Often times this is due to poor supervision by the builder, or a construction pace demanded by the builder that results in shortcuts or a lack of attention to detail. Repairing water intrusion problems like dry rot and mold is extremely expensive.  Let Pursiano put our trial experience and legal training to use to protect your interests.

The International Plumbing Code (IPC), adopted in most states, and plumbing industry standards provide for the proper installation of a home’s plumbing and sewer systems. If the plumbing is improperly installed it can leak causing damage and mold growth. Too often, incompatible materials are used in the assembly of the plumbing system leading to premature failure of piping or plumbing components and significant water damage.   Sewer back-ups caused by the negligent installation of sewer lines can make a home unlivable. The cost of repairing plumbing defects can quickly escalate. Pursiano has the experience and knowledge to make the homebuilder bear the cost of repairing or replacing defective plumbing systems.

The weather in your region, such as heat and humidity, dictates the design of the heating and air conditioning systems servicing your home which are referred to as mechanical systems in the construction industry.

Poor or ineffective heating and cooling affects the indoor air quality and living environment. Building codes, mechanical system codes, and mechanical industry standards establish minimum requirements to achieve a safe and comfortable indoor environment. Lesser quality and inefficient mechanical components are often substituted to reduce the cost of construction resulting in a substandard and non-code compliant living environment. 

For example, defective ventilation can fail to regulate indoor humidity levels causing mold growth which poses serious health risks to the homeowner. Pursiano has extensive experience identifying mechanical system defects. We can ensure that the homebuilder bears the financial burden to correct these defective conditions and that your health and wellness is protected.