Alabama Defective Construction Attorney

While most defects in construction are relatively minor and may never even be identified by those who work on or benefit from the projects, construction defects are common. When construction defects are more significant, however, there may be risk of injury, property damage, or loss of value.

At Clay Phillips Law Firm, our lawyers provide representation to those involved in defective construction claims. These types of claims are often very complex and involve a large number of parties. As you navigate a defective construction case, don’t hesitate to call our law firm directly for the legal assistance you need, whether you are the defendant or the plaintiff in a defective construction case in Alabama.

Types of Construction Defects

Construction defects usually fall into three broad category types:

• Design defects. Design defects are defects that are inherent in the design and plan for the project. Often called design deficiencies, these types of defects may result from a project being designed outside of a specified code, or being designed in a way that does not function as intended or leads to other hazards or risks. Designers may be held liable for these types of defects.
• Material defects. Material defects or deficiencies occur when inefficient, substandard, inadequate, defective, or inferior building materials are used in a project, and the use of these materials can lead to problems. For example, using inferior materials could lead to leaks, early deterioration, etc. Contractors, subcontractors, suppliers, and product manufacturers could all be involved in this type of claim.
• Workmanship defects. Workmanship defects, also called construction deficiencies, are one of the most common types of construction defects and the defect type that most people usually think of. Workmanship defects result from poor workmanship and the failure to build in accordance with code and/or construction documents. These types of issues can be structural, aesthetic, or both.

When a construction defect exists, one of the first steps in pursuing damages or remedies is to identify the type of defect. Whether the defect is a design defect, material defect, or workmanship defect could impact liability.

Latent vs. Patent Defects

Not only are defects grouped by type, but also by whether they are latent or patent. A patent defect is a type of defect that is obvious—these types of defects are defects that should be identified on inspection because they are readily observable. Latent defects, however, are the opposite—they are not readily observable and likely will not be discovered during the inspection process. These types of defects may be more problematic as such. Not only are they more difficult to identify, but they may also be more difficult to repair.

Standard of Care in Construction Defect Claims

In a construction defect claim, the party seeking remedy is usually responsible for proving that the defendant in the case somehow breached the standard of care that was owed. Those who have potential liability in a construction defect claim usually include the party who designed the project, the contractor for the project, and any subcontractors or consultants who worked on the project. These parties have a duty to perform work in accordance with building codes and other regulations set forth by state and local governments and regulatory agencies, and perform work in accordance with design documents and contract documents.

Typically, doing work in accordance with contract and design documents will require a contractor to visit the site to familiarize themselves with the location, thoroughly review contract documents, facilitate on-site work and project coordination, and perform work within the standards of workmanship. When a party breaches the standard of care and a defect results from that breach, that party could be held liable.

Resolving Defective Construction Disputes

Defective construction claims are usually very complex, in large part because of the number of parties involved. For example, a claim could involve designers, contractors, subcontractors, materials manufacturers or suppliers, and more.

One of the first steps in a defective construction dispute is identifying the specific defects and determining which party/parties involved should be held liable for that defect based on a breach of the standard of care. Evidence will need to be collected to prove that the parties breached the expected and reasonable standard of care. If multiple parties are involved, it will be important to determine what proportion of fault should be assigned to each party.

Another important piece of a defective construction claim is determining and proving damages. In calculating the extent of damages, things like the costs of repairs, the decrease in value to the property, the value of loss of use, court costs, and more may all be included.

Once damages and liability are both identified, parties will need to work together to reach a settlement. In many cases, settlements are reached outside of court through settlement negotiations and mediation. Another alternative dispute resolution method that may be effective is arbitration. When both mediation and arbitration fail, litigation may be an appropriate course of action.

When you work with the office of Clay Phillips Law Firm, we will design a strategy for resolving your construction dispute and protecting your best interests. We never take a cookie-cutter approach to dispute resolution and understand that your case and your position are unique. We work hard to minimize your costs and maximize the outcome of your case, understanding the value of your time and resources.

In addition to helping parties resolve defective construction claims, we can also work with contractors, subcontractors, and designers to avoid construction defects before they occur and minimize impact when they do. We can help your business to review and draft contracts, understand your legal obligations and expectations, develop best practices for quality control, and act quickly if defects are discovered.

Call Clay Phillips Law Firm Directly to Learn More

Attorney Clay Phillips has years of experience representing plaintiffs and defendants in construction defect claims, as well as a background working in the construction industry. If you are involved in a defective construction claim, your business’s reputation, resources, and future may all be on the line. To get the legal support and guidance you need, call our firm today. You can reach us at 334-277-8753, online, or by visiting our Montgomery law office in person. We are here to serve you.