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Defects

Construction Defects

Construction Defects Lawyers

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 ends. The construction law attorneys with Pursiano Barry Bruce Demetriades Simon LLP have vast experience with construction defects cases in Florida, Nevada, and California. Our lawyers represent property owners who are victims of negligent construction as well as construction companies and contractors accused of negligence. Over the years, our clients have included community associations, commercial and residential multi-unit property owners and tenants, governmental entities, homeowners, as well as design professionals, contractors, and subcontractors.

If you have a construction defect case, let the attorneys with our construction law firm assess the claim at no cost to you. If the case proceeds, we will engage industry experts, such as architects, engineers, and contractors, to evaluate the construction job in question and estimate the cost of repairs. We can negotiate with the developer, contractors, and design professionals as appropriate. And if these pre-suit negotiations do not achieve a resolution, then we will file a lawsuit, interview witnesses, gather relevant documents, and further develop the case for trial. Up to this point, there is no cost to you — we are paid only when a client recovers money or damages from a judgment or settlement.

To receive a free consultation about your construction defect case, contact our construction attorneys today.

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What Is Construction Defect Law?

To litigate a construction defect case, an attorney needs to specialize in construction law and have knowledge of construction activities and processes. Defects typically originate in the design, planning, supervision, inspection, or construction phases of a residential or commercial construction project. The role of our construction defect lawyers is to prove why the defect happened and to assess its financial damages. Though construction defect laws vary by state, the general legal standard for negligence is if a structure fails to perform in a manner that is reasonably intended by the purchaser. Contrarily, to dispute a defects claim, a contractor or developer must show that they constructed the building in a reasonably workmanlike manner.

Most construction defects are the result of design defects, material defects, or poor workmanship, such as when contractors build without supervision, work too quickly, or cut corners to save time and money. Some of the worst defects allow for water intrusion, such as through shoddy roofs, plumbing, or doors and windows. Leaks can create an immediate risk of slip-and-fall accidents, or they might go undetected for years, causing extensive water damage — wood rot, decay, mold, and mildew. Defects can also occur in the pre-construction phase, such as a poor analysis or preparation of a building site, which can leave structures in areas that are prone to earthquakes, collapsible soils, and sinkholes vulnerable to destruction.

Estimating the financial costs of faulty construction is a job for an experienced construction attorney, as these costs often extend beyond just building repairs. In the case of a commercial building, the property owner could lose revenue for every day the building isn’t used for its intended purpose. Construction defects also reduce the value of a property, a problem that can linger even after repairs are complete if the building has a tarnished reputation. Some defects also put people’s safety at risk, and any person who was injured may be entitled to compensation for medical bills. But whether you are pursuing or defending a construction defect lawsuit, our attorneys will establish the most advantageous settlement for your interests.

Assessing Defects & Compensatory Damages

Our construction lawyers work closely with top architects, engineers, and construction and statistical experts to prove the defects and damages to our client’s property. The heart and soul of a construction default case are assessing the costs to repair defects and winning damages to cover them. Through advanced computer simulation, our experts figure out how the defective building acquired its damage and predict how the structure will perform in the future. This information is scientifically supported evidence that backs our legal recommendations for compensatory damages. The symptoms of a defect usually take several years of weathering to manifest. However, there are statutes of limitations and other restrictions on how long a plaintiff can wait to file a construction defect claim — make sure to contact our lawyers right away to avoid missing your chance at a winning case.

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Common Types Of Construction Defect Cases

Our law firm has handled a range of construction defects cases in Florida, Nevada, and California. Here are examples of the conditions that have lead to faulty construction claims.

  • 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
  • Cracks in drywall and stucco caused by a bad design or a failure to follow the design plans
  • Cracks in building foundation and slabs suggestive of underlying soil issues
  • Flickering lights or electrical outage from inadequate electrical load and wiring
  • Roof defects causing leaks or falling tiles

Why Do Defects Occur In Construction?

It is not uncommon for a building to develop some signs of natural wear-and-tear over time as a result of weathering and regular use. However, when a structure experiences disrepair soon after it was built or for unexpected reasons down the road, the cause is likely a construction defect attributable to the designer, contractor, builder, or manufacturer of the products used during construction.

In the eyes of construction law, there are four main types of construction defects. Each of them has its own implications for filing a construction defect claim. If you experience one of the following causes of construction defects, or another instance of construction negligence, and wish to seek damages, please contact our construction law attorneys in Florida or in Nevada and California today.

Poor Workmanship

When construction work is performed incorrectly or negligently, the result is often one or more defects emerge, such as cracks in the foundation or load-bearing walls, plumbing problems, and faulty electrical wiring, among other issues.

Design Deficiencies

These defects occur when contractors build a structured based on a flawed design, from an architect or engineer. These cases often involve plans that do not obey building codes, which are intended to make buildings structurally safe.

Material Deficiencies

Defects can occur because the building materials used were insufficiently durable or did not function as intended. Examples of material defects include roof shingles, window weatherstripping, or plumbing fixtures that leak.

Land Defects

When the soil conditions, topography, or other details of a construction site are not assessed correctly before building starts, the foundation of a structure can be weakened and lead to other construction defects over time.


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