Design and Construction Defects

Plans and specifications are the roadmap for the construction of any project: they instruct the contractor what to build. Unfortunately, when the plans and specifications for the project are deficient, defective and/or contradictory, there is a strong likelihood of project failure or delay. The same is true when the plans are adequate, but are improperly followed or discarded, or where improper construction means and methods are utilized. That is where we use our expertise and experience to formulate a plan, investigate, and diagnose the problems and the culprits, and pursue and implement a solution.

Defect cases are among the most complex, as they involve problems which may be difficult to recognize and distinguish, and may implicate a number of parties in the overall pre-construction and construction process. Many of our lawyers have specialized or practical background in disciplines which assist in dissecting and understand the design concepts, construction methods, and construction management issues that may be the source of the problem. This expertise and our years of combined experience allow us to efficiently investigate, analyze, and present or defend claims and issues concerning:

  • Structural Deficiencies
  • HVAC
  • Roofing
  • Doors, Windows, and Glass
  • EIFS
  • Fire Protection
  • Fireproofing
  • Unforeseen Conditions
  • Building Envelopes
  • Electrical
  • Water Leaks and Mold Growth
  • Soils and Foundation
  • Masonry
  • Concrete or Foundation
  • Thermal and Moisture Protection
  • Levee construction and dirt work

Rather than immediately taking these complex issues to the courts, our construction lawyers’ preferred methods are to engage in early negotiations with all parties involved to first correct the deficiencies and attempt to keep the project on track. However, when the parties reach an impasse, our lawyers are tenacious advocates in defending and asserting our client’s rights and defenses—be it in the court room, in arbitration, or some other form of dispute resolution.

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