Help When A Construction Defect Has Affected Your Progress
New construction or rehabilitation projects — whether residential or commercial — do not always end up meeting acceptable standards. Construction defects that were either overlooked or covered up can come to light at a later time, resulting in significant financial hardship for the owning association or property management company. The legal system affords a path to allocating responsibility and recouping those costs.
For contractors, construction defect claims can pose a risk of significant liability, particularly for those without insurance coverage (or adequate coverage). Experienced legal counsel is essential for successfully defending against defect claims in this niche area of law. Contact our law office in Kansas City to arrange a consultation and get the support you need.
Uniquely Positioned For Success In Pursuing Or Defending Against Defect Claims
At the construction law firm of Long & Robinson, LLC, in Kansas City, our attorneys handle construction defect claims for both plaintiffs and defendants. Our clients include contractors, subcontractors, condominiums, homeowners’ associations and property management companies (both residential and commercial).
Because we have experience representing both sides in these disputes, we understand how to approach them from all angles. Our team of talented attorneys stands apart in terms of experience, expertise and efficiency.
The firm’s winning record of results demonstrates our high level of expertise in this niche area of law. Our attorneys have successfully obtained tens of millions of dollars in financial recovery for associations and owners in construction defect claims.
We Excel At Navigating Complex Issues
Defective construction can cause problems for owners and residents in any type of residential or commercial property, including condominiums, rehabilitation projects, retail structures and office buildings. Our attorneys have experience handling numerous types of defects such as:
- Water intrusion into the building envelope, including roofs, windows and exterior cladding
- Defective stucco and masonry (building envelope)
- Defective roofing
- Defective windows
- Soil and erosion issues
- Design defects
- Inferior building materials
- Electrical defects
- Asphalt defects
- Glazing defects
- Mechanical (HVAC) defects
- Other defects in condominiums
Often, the insurance issues that accompany defect claims can be complex. We can skillfully navigate these issues, identifying the scope of coverage and pursuing claims under the right policy.
For contractors, we provide direct representation, and we also serve as advisory counsel for those with insurance coverage. Insurance-provided defense counsel often do not have the same level of experience in defending against construction defect claims. Our attorneys can monitor insurance-provided defense counsel, applying our specialized skill and knowledge of this niche area to ensure that contractors receive the utmost level of detailed, professional guidance.
Frequently Asked Questions About Construction Defects
No matter which side of the issue you are on, a construction defect claim can be a complex problem. At Long & Robinson, LLC, we believe it helps to learn extensively about the situation and your legal options. To help you get started, whether you are considering litigation or mediation, here are three of the questions we see most frequently.
How common are construction defects?
Construction defects happen in roughly 4% of all projects. This makes it sound like they are infrequent, but remember that there are tens of thousands of construction projects in the United States every month. Some defects are patent defects, which can be identified right away, and others are latent defects, which may be hidden.
In some cases, defects will lead to lawsuits. However, the contractor may have a right to cure, meaning that they have a set amount of time in which they can fix the issues with the property. Simple fixes are sometimes possible – but not always.
Who is responsible for a construction defect?
It all depends on the type of defect and the specifics of the claim. The main four categories include construction deficiencies, material deficiencies, design deficiencies and subsurface deficiencies.
For instance, if there is an issue with the design, the fault may lie with the architect for a poor design or with the general contractor for not carrying it out properly. If there are material issues, it could be the general contractor who bought all of the materials for the job, or fault could lie with the materials provider or even with subcontractors who ordered their own materials.
What are the most common materials associated with construction defects?
Some common major issues include concrete and mortar problems, like unstable or cracked foundations. Issues with electrical systems are also common. Some defects are aesthetic in nature, such as issues with paint colors, flooring styles and other parts and materials. Other defects are more fundamental, such as cracked drywall, leaking pipes or slope and grading issues on the property itself that cause water to run into the building.
Contact Us · Unparalleled Experience And Value
Get in touch with our construction defect lawyers by contacting us online or calling 816-708-2218. We are licensed in Kansas, Missouri, Colorado, Oklahoma, Illinois and Iowa, and we handle defect claims throughout the region.