Construction Defects Litigation

The main players who are involved in the construction defects litigation are the builders, developers, subcontractors, contractors, product manufacturers, material suppliers, home owners, attorneys, home owner associations, municipal inspectors, forensic inspectors, etc.

What do you mean by construction defect?

The construction defect depends on a lot of factors, so one cannot get a precise meaning of the construction defect. There is a lot of difference between a construction defect and nuisance claims such as normal kind of wear and tear resulted due to lack of maintenance, squeaking floor, etc.

Construction defects could range from complex kind of foundation as well as framing issues that threaten the structure of the building to esthetical issues like the deteriorating wood quality around the doors and windows, improperly painted surface, etc. Serious kind of moisture intrusion, faulty foundations and shoddy frames is the root cause of the problem that show themselves in the form of cracks, rotting walls, windows, doors that do not close and open correctly.

Some of the examples of construction defects include the following:

• Inferior quality flashing causing mod and mildew.
• Water intrusion in the garages.
• The flashing installed imperfectly or nor installed at all.
• Roofs installed in an incorrect manner or the roofs not fastened down at all causing flapping sounds when the wind blows.
• The siding and the windows installed, but the sealants are not used and improperly wrapped for prevention of water intrusion.
• The buildings are build very tightly that the owners are feeling claustrophobic due to the volatile organic compounds which off gasses the plastic, carpets or varnishes that are used during construction.
• Improper installation of the use of EIF’s which is a synthetic stucco kind of Dri Vit, which leads in cracks on the surface of material and the same results in some kind of dry rotting in the wood that is underneath it.
• The exterior wood surfaces are not painted and that’s why it is causing damage to the wood due to exposure in the environment.

The courts have recognized the construction defects as tangible. It generally takes two years for settlement of the construction defect claim. The courts also offer alternate dispute resolution procedure, mitigation and indemnity. Always bear in mind that a good and an experienced construction attorney can avoid major disputes and will rightly advise you about all the probable outcome of the case and the possibilities of the problems that might occur in future and give you advice on the appropriate remedies that might arise in the future. All good construction litigators’ work as one team with the project managers, engineers and advisors. Most of the construction litigators might charge lots of fees or even success fees where the attorneys take a predetermined share and might also opt for hourly rate in which the fees are in accordance with time spent by them. Meet a number of construction lawyers and then finalize the most suitable one keeping in mind the budget factor. Before signing the contract with a litigator, make sure that you get a clear idea of the issues that are involved and budget factor including the cost of litigation.

This article by Houston Commercial Litigation Firm, Sutliff & Stout.