#construction defects

A construction defect expert is a professional who specializes in identifying and resolving issues in construction projects. These defects can arise at any stage of construction, including design, building, and post-construction. The role of a construction defect expert extends beyond simply identifying problems; they also evaluate the causes, provide recommendations, and offer expert testimony in legal disputes.

Key tasks of a construction defect expert include inspecting the project site to identify defects, analyzing the underlying causes, and recommending solutions such as repairs or modifications. They are essential in assessing issues such as design flaws, material defects, workmanship errors, and structural failures. They may also mediate disputes between contractors, developers, and property owners, working to resolve conflicts without lengthy litigation.

Legal disputes related to construction defects often require the involvement of a defect expert to determine liability, assess damages, and provide crucial documentation. Their expert opinion can make or break a case, helping to identify responsible parties and estimate the cost of repairs or the loss in property value. Qualifications for construction defect experts typically include experience in construction, knowledge of building codes, and a background in civil engineering, architecture, or construction management.

Construction defect experts are critical in ensuring safety, compliance with regulations, and resolving disputes. Their expertise helps protect construction projects' integrity, preventing costly repairs and legal battles.

Condo owners allege dozens of construction defects at Artecity in Miami Beach

Artecity In 2011, the Artecity complex of condominiums near Collins Park in Miami Beach was completed, despite the developer filing for bankruptcy amid an avalanche of lawsuits. Six years later, the unit owners are now taking the developer, Artecity Park LLC, and eight firms involved in Artecity’s construction to court. According to a lawsuit filed in Miami-Dade Circuit Court last month, the…

See you in court: construction defect lawsuits mount

Gil Dezer, the developer of Trump Towers I, II and III (above), was sued last April for alleged shoddy construction. From the March issue: Business may be slow for realtors and developers, but it’s booming for Gary Brown, a Miami attorney with Arnstein & Lehr specializing in suing builders for construction defects. “I’ve got about half a dozen cases I’m currently working on,” Brown recently told…

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The Illinois Supreme Court has ruled that the implied warranty of habitability may not be extended to a second purchaser of a house when a valid, bargained-for waiver of the warranty was executed between the builder-vendor and the first purchaser. In Fattah v. Bim, 2016 IL 119365 (May 19, 2016), plaintiff purchased the home built by the defendants from the original purchaser under an “as is” contract. 

Three years earlier, defendants sold the house pursuant to a sales contract which included a waiver and disclaimer of implied warranty of habitability in exchange for a one-year express warranty. (Id. ¶ 5.) No incidents occurred until a year after the second purchaser owned the home, when a retaining wall built around the patio to retail supporting fill gave way, and a portion of the patio collapsed. (Id. ¶ 7.) After a trial, the court found that the accident was due to latent defects in construction, but denied recovery based on the initial waiver. (Id. ¶ 9.) The appellate court reversed this judgment, stating that the implied warranty of habitability extends to the second purchaser of the home under Redarowicz v. Ohlendorf, 92 Ill. 2d 171 (1982). (Id. ¶ 11.)