Construction defects are a serious issue that can have major financial and safety ramifications for property owners. A construction defect is any failure in the design, material, construction or subsurface elements of a building or structure that results in damages, property value diminution, or potential safety hazards.
When construction defect claims arise, expert witness testimony from industry professionals is crucial for demonstrating how the defects occurred and who is liable. Expert witnesses in construction defect cases possess specialized knowledge that allows them to investigate the defects, analyze the causes, and clearly explain their findings.
Common Types of Construction Defects
Construction defects can take many different forms, but some of the most frequently occurring issues include:
- Design Deficiencies: These are deficiencies that arise from flaws in the design documents, such as inadequate structural support, improper site drainage, non-compliance with building codes, or insufficient fire protection systems.
- Material Deficiencies: These types of deficiencies include the use of inferior or defective building materials that fail to perform as intended, such as:
- Weak or improperly mixed concrete that cracks and crumbles
- Rotting wood framing or supports due to water intrusion
- Leaking windows and doors that allow moisture penetration
- Corroded pipes and wiring that lead to plumbing and electrical failures
- Construction Deficiencies: Construction deficiencies stem from poor quality workmanship and failure to follow design documents and manufacturer instructions during the building process. Examples include:
- Improper installation of roof flashing, allowing water intrusion
- Inadequate waterproofing and drainage of foundation walls
- Poorly assembled electrical and plumbing systems
- Insufficient structural connections and fasteners
- Subsurface Deficiencies: Subsurface deficiencies result from a failure to properly evaluate and prepare soils during preconstruction, such as:
- Building on expansive or compressible soils without proper stabilization
- Inadequate grading and drainage, leading to erosion and foundation movement
- Failure to prevent groundwater intrusion and mold growth
Consequences of Construction Defects
The consequences of construction defects can be far-reaching and severe, often including:
- Safety Hazards: Many construction defects pose significant safety risks to occupants, such as trip hazards from uneven floors, fire hazards from improperly installed alarm systems, and health hazards from mold growth caused by water intrusion. In some cases, severe defects can even lead to complete structural failure and collapse.
- Expensive Repairs: Remediating construction defects is often a costly endeavor, requiring extensive demolition, redesign, and rebuilding. Property owners may face sudden, unexpected repair costs exceeding hundreds of thousands of dollars.
- Decreased Property Value: Construction defects, even when repaired, can stigmatize a property and significantly diminish its resale value. Owners may have difficulty selling or renting the property and may need to disclose the defects and repair history to prospective buyers.
- Legal Liability: Property owners may face legal claims from occupants who are injured by safety hazards or suffer property damage from the defects. In some cases, owners may even be sued by governmental authorities for building code violations. Owners may attempt to recover their losses through legal action against the developers, contractors and design professionals responsible for the defective construction.
Proving Construction Defect Claims
Proving a construction defect claim requires extensive evidence and expert analysis. Some of the key evidence that must be gathered includes:
- Design documents, plans, and specifications
- Contracts, change orders, submittals and other project records
- Photos and videos documenting the defects
- Destructive testing results from engineers
- Inspection reports and correction notices
- Maintenance records and repair history
- Witness testimony from occupants and property managers
Expert witnesses play a role in analyzing this evidence and connecting it to the relevant legal and professional standards to build a strong case. An experienced construction defect expert will:
- Thoroughly inspect the property to identify and document all defects
- Review project documents to determine where the construction deviated from plans and specifications
- Conduct analysis to determine causes of the defects
- Research building codes, industry standards, and product manufacturer instructions
- Prepare detailed reports and testimony explaining their findings and conclusions
- Assist legal counsel in identifying responsible parties
Choosing the Right Construction Defect Expert
Serving as an expert witness in construction defect cases requires specialized knowledge and experience. When selecting an expert for your case, look for the following qualifications:
- Relevant Credentials: Experts should have relevant professional licenses and certifications, such as Professional Engineering, General Contractor, or Registered Architect licenses.
- Construction Industry Experience: Look for experts with years of experience in the construction industry, working on projects similar in scope and nature to the subject property.
- Specialized Expertise: Construction defects span a broad range of technical disciplines, so look for experts with knowledge specific to your issues, such as structural engineering, geotechnical, building envelope, or MEP systems.
- Expert Witness Experience: Seasoned expert witnesses will be familiar with the legal procedures involved in construction defect cases and know how to prepare effective reports and exhibits. They will also have experience providing clear testimony in deposition and at trial.
- Clear Communicator: The best experts are skilled at breaking down complex technical issues and explaining them in terms that judges, attorneys and juries can easily understand. Look for experts with strong communication skills and a professional demeanor.
Get Help from Construction Defect Experts
At Construction Experts, we have years of construction experience and a history of providing analysis and testimony for construction defect cases across the country. Our experts have the specialized knowledge and the skills needed to help you build a case. Contact us today to discuss how we can assist with your construction defect issue.
The information provided or expressed at, or through, this site is that of the individual author who is not an attorney or legal expert, and does not, and is not intended to, constitute legal advice. Such information should not be used as, or be a substitute for, legal or other professional advice or recommendations. All information, content, and materials available on this site are for general informational purposes only, and use or reliance on such information is entirely at the risk of the user of such information. If you require legal advice or other professional assistance, you should consult licensed attorneys and other professional advisors in the relevant jurisdiction with respect to any particular legal matter and before making any important personal or professional decisions.
