Construction Defects Lawyer in New York, NY

A construction defects lawyer can represent the property owner in making a claim against the contractor, subcontractor, architect, engineer, supplier, or other involved parties when there are defects in construction.

Types of Construction Defects

Construction defects can be categorized into design defects, defective construction, improper materials, and improper installations. The type of defect will determine the party liable.

Design Defect

A design defect refers to a flaw or an error in the architectural or engineering plans and specifications that lead to problems relating to the built structure. For example, if water appears to accumulate around the building, leading to water damage and mold growth, it may suggest a design defect in the drainage system. If people are commonly slipping on the staircase, it could suggest a defect in the design of the staircase. Under design defects in construction, the party liable is usually the architect, engineer, or design professional responsible for the creation of the design. The contractor is generally not liable, especially if the contractor simply followed the design of the architect or engineer.

Construction Defect

A construction defect, on the other hand, refers to a workmanship defect or a flaw in the construction that deviates from the approved design, industry standards, or building codes. Examples of workmanship defects are poor welding, sloppy concrete finishing, or improper waterproofing. Here, the contractor and subcontractor (even if you do not have a contract with the subcontractor) may be held liable for the defect in construction. The architect or engineer may also be held liable if, in addition the designing, they were given the additional responsibility of supervising the construction.

Improper Materials

Another type of construction defect is the use of improper materials. If the material used was defective, the supplier may be held liable. If the material used was specified by the design professional, was not defective, but was not fit for the purpose intended, the design professional may be held liable.

Improper Installation

Improper installation is another type of construction defect relating to materials. The most common example of improper installation refers to plumbing and roof installations or the installation of a skylight which requires a specific type of expertise. Improper installation may result to water leaks and other damages. Normally, the persons liable for improper installation of materials are the subcontractors and contractors. However, architects, engineers, or foremen given the responsibility to supervise the installation may also be held liable.

Proving Construction Defects

Proving a construction defect always requires expert testimony. Normally, this takes the form of a written engineering report, made by an independent engineer, who can testify about the results of this engineering report in court, if required. This engineering report will state the conduct of the inspection, the problematic condition of the construction, the industry standards with regard to the problem, and the appropriate repair needed to fix the defect.

Documentation

As in all claims, documentation is important to know which party is liable for a construction defect. The written contract is the main source for determining liability. However, communications with the contractor or design professional that are in written form, such as email or text messaging, may also provide a background or context regarding responsibility. If you feel that you have suffered from a construction defect, gathering all documentation related to the construction is important.

Claim Negotiations

Once a written engineering report is obtained, confirming the construction defect, a construction defects lawyer can represent you in your claim with the contractor, subcontractor, supplier, or design professional, as the case may be. The objective is to generally settle the claim through mediation in order to minimize legal fees. Most contractors and design professionals will have professional liability insurance to cover these types of risks. However, if settlement negotiations prove futile, filing a case with the court is recommended in order to show the adverse party that you are serious with your claims.

Lawsuit Filing

When settlement negotiations fail, a construction defects lawyer can file your complaint with the appropriate court. The parties will engage in the discovery process to obtain documents and information and conduct depositions in preparation for trial. Parties may enter into a settlement at any time before a decision is rendered by the court.

Claiming a construction defect can be a complex process. Being represented by a construction defects lawyer can increase your chances of making a successful claim. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].