What are construction defects? The term “construction defect” is used to identify those areas of a home, building or common interest community that were not constructed or designed in accordance with the approved plans, specifications, applicable codes, manufacturer’s installation instructions and/or industry standards. Construction defects often cause other damages as well, such as excessive soil movement causing structural problems, cracking to foundations, walls, concrete or foundations, door and windows that are difficult to operate and water leaks. At Hearn & Fleener, our process begins with a confidential onsite inspection, followed by a meeting with HOA Boards of Directors and homeowners to discuss what is happening at their community. Hearn & Fleener conducts multi-phase investigations concerning all potential construction defect lawsuits. We do all of this at no cost to the Property Owner, HOA, Board or homeowners.
Hearn & Fleener’s multi-phase process begins with a construction consultant visiting the property, examining the structures as well as the surrounding areas with the goal of identifying any construction defects that are present at the property.
The second step in our evaluation process involves researching documents and records regarding the property’s construction that are stored with the government agency or agencies responsible for overseeing and permitting the construction. This provides invaluable information concerning the potential legal obstacles to a claim, as well as information regarding the developer, general contractor(s), subcontractors, codes, plans and dates. Construction defect claims can include all parties that were involved with the property’s construction, design, development, marketing and sale including the primary developer / builder and any subcontractors or design professionals that performed work at the property on their behalf.
The third step includes an initial legal analysis for purposes of identifying the risks and benefits associated with a potential claim. This assessment often includes a thorough review of community association governing documents, sales materials, contracts, and all other legal and recorded documents we are able to access. Research of developer entities also includes contractor license numbers, any claims against those licenses, the current standing of the corporations involved, and the types of assets currently held. Our team spends countless hours analyzing potential legal strategies for each case before any construction defect claim is filed.
Finally, research and legal strategy for a potential construction defect claim is compiled into a comprehensive report containing our recommendations and analysis. As the final step in our process, Hearn & Fleener provides this report to the owner(s), Board of Directors and/or management company, and presents the information in-person to facilitate discussion and questions. Our assurance to property owners: This complete multi-phase process is performed at no cost or obligation to the property owner, community Board or management company. We provide the full assessment so that decision makers have peace of mind when they choose to (or not to) hire our team to represent them in a construction defect case.