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 such as soil movement causing structural problems, or doors and windows that are difficult to operate and leak. At Hearn & Fleener, our process begins with a confidential onsite inspection, includes extensive research, and is followed by a meeting with HOA leadership 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 process begins with representative visiting the property, examining the structures as well as the surrounding areas with the goal of identifying any construction defects or areas of concerns that are present at the site.
The second phase of the evaluation 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 may 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 phase includes a 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 does this review early in the process so that our potential clients have practical and fact-based information to make their decisions about pursuing a claim.
Finally, the data we have assembled is organized in 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 leadership, 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 claim.