Construction Defect Litigation
Our clients include Homeowners, Associations and Commercial Property Owners. Common problems encountered by our clients include water penetration at windows and sliding doors, improperly sloped or waterproofed decks and walkways, incorrect installation of exterior cladding, including building paper, vinyl or aluminum siding, stucco and/or EIFS, improper venting and roof installation, and mold.
It is the nature of construction defects, and a common occurrence, that where a problem rears itself we are merely seeing the tip of an iceberg. After initial identification of a problem, it is important to quickly discover the source and extent of the problem. This is where we come in.
Our Firm works with a number of experts, including structural engineers, architects, waterproof consultants and other construction professionals. We work as a team with our experts and our Owners, Associations and Managers to discover the extent of a problem and, thereafter, work to develop a scope of repair that provides long term solutions.
At the conclusion of the investigation process our legal professionals work to procure payment for the necessary repairs and reimbursement for investigation costs and fees. After settling these issues, we continue to work with our clients to facilitate the construction repair process, including contract review and negotiation at no additional cost. This additional support makes our Firm unique.
We look forward to utilizing our team approach on your project, from beginning to end. Please feel free to discuss your concerns with us at no cost. We are here to help!
Casey & Skoglund has dealt with a wide array of defects in single family homes, condominiums and multi-use commercial buildings. It is our experience that construction defects generally fall into four broad categories. Below are a sampling of issues within the categories, and a broader discussion as to each will be had with each client.
Soils and Slope Stability
The Pacific Northwest’s expansive and collapsing soils and its many hillside communities present significant challenges to builders and developers. The areas building industry experts have an enormous influence over the soil engineers that they utilize during the construction process. At times, prior to conducting a serious analysis of the risks to the property, a builder’s soil engineer determines it is not “cost-beneficial” to use a certain construction technique that will better solve a problem presented by site conditions. This, amongst other factors, can lead to a defect.
As a result of the pressure to lower construction costs, structural systems are often designed in an inferior manner. This can include, but is not limited to, deficient design of septic, heating, sanitary, plumbing, ventilation, roof, and irrigation systems, as well as structural floor systems.
The most common complaint we have seen at Casey & Skoglund is poor workmanship. In the not too distant past, the home construction industry had trouble keeping pace with the demand for affordable housing and new commercial buildings. As a result of the demand, the construction industry has experienced a shortage of skilled labor, and in turn we see unqualified, inexperienced, and/or unsupervised laborers being utilized by various construction trades.
Building Material Failures
Occasionally, we see structural components and building materials fail. Often this is due to errors in either the manufacturing process, compatibility of the systems and materials, and/or its installation.
If your home or investment property has experienced the problems identified above, an investigation, carried out by an independent construction professional, is recommended. Feel free to contact us for a list of construction professionals in your area.
Casey & Skoglund is here to assist in walking you through the process related to construction problems in your home and Community. Each project is unique, and so is our Firm.
There are a series of events that generally transpire, and to help you and/or your Community be prepared as possible, we provide the abbreviated outline of events below:
- A Unit Owner notices a problem, i.e. water stains and/or dampness, ponding water at unit decks or common walkways, and/or inferior interior workmanship to name only a few;
- The problem is brought to the attention of the Board;
- The Board decides to look into the issue(s) and for assistance they contact their property manager, a construction professional and/or an attorney;
- Should your Board contact Casey & Skoglund, we start by asking the Board to circulate our General Questionnaire/Survey for the Owners complete; and
- Casey & Skoglund utilizes the responses provided to its Survey and works with your Board and selected construction professionals to develop an action plan.
Once an action plan is developed and approval from the Board and/or Community is provided, the process continues. There are many routes that can be taken from this jump-off point, and Casey & Skoglund’s creative approach and experience assists you to dictate which course of action works best to bring the process thru and to a positive and expedited resolution.