At the law firm of Worman & Sheffler P.A., we can guarantee that our clients receive skilled, knowledgeable legal counsel in all aspects of the construction industry. With greater than 40 years’ combined experience, we can deliver the highest level of quality client-centered service that goes above and beyond the industry’s expectations. We work for our clients with 100 percent focus on the case and deliver exceptional positive outcomes.
One of our firm’s areas of practice is construction defects. This area of construction law is one of the most common causes of disputes and litigation. A construction defect is a defect in the design or workmanship, and/or in the materials or systems used, on the project that results in a failure of a component part of a building or structure and causes damage to person or property. More often than not, construction defects result in financial harm to the owner.
Two types of construction defects are the patent defects, or those that are seen upon inspection, and latent defects, or those concealed and not readily observable. Construction defects range from complex foundation and framing issues that threaten buildings’ structural integrity to aesthetic issues, such as improperly painted surfaces and deteriorating wood trim around windows and doors.
Design defects often result from the design professional’s failure to produce an accurate set of construction documents. A design error is a mistake in a design element most often discovered by the contractor during construction and requires replacement or redesign of some component to correct the error. A design omission results from an incorrect design item or a scope of work that the design professional missed in the construction document and may be added to the contractor’s scope by change order.
Workmanship defects result from the contractor’s failure to build a structure or component part of a structure per the construction documents. Such defects may include items such as an improperly installed weatherproofing system, improperly installed stucco, soils that were not properly compacted, or improperly installed flashing or a lack of flashing.
Standard of Care
The parties with potential liability for construction defects are the design professional, the contractor, and those consultants and subcontractors under the umbrella of the design professional and contractor. The contractor has a duty to perform the work and build a structure in strict accordance with the contract documents, including the design documents. The construction contract is the most critical piece of the construction process. It is essential for the contractor to have a construction lawyer assist in preparing and developing the construction contract.
Should the contractor become aware of a construction defect, an investigation of the structure should be performed, involving a walk-through of the project, and information collected should be presented to the owner so that decisions can be made on whether further action is required.
Work with an Authority on Construction Litigation
A defect in the design or construction of a residential or commercial property can have serious consequences. There can be delays, causing costs to overrun, as well as timing issues. If the defect goes unnoticed and the project is completed, it may damage the building, affect value, or even lead to injuries or health problems for the people who use or live in the building.
Worman & Sheffler, P.A. represents property owners, home builders, contractors, design professionals, and others in the construction defect matter. Our construction law firm has a reputation for integrity, knowledge, and trusted service. We represent plaintiffs and defendants in the construction defect claim, so put our experience to work for you if you are in circumstances that need legal help.