Construction Defect Liability

Disputes over construction defects can take many different forms. They can include the methods or designs of construction and create potential claims against contractors and design professionals. They might involve the manufacturers of construction materials or fixtures and generate products liability or breach of warranty claims. Claims can be made on an ad hoc or class action/multi-district litigation basis. NZA has seen and handled it all. We have defended developers, contractors, architects, engineers, and fixture and materials manufacturers and suppliers regarding a myriad of construction defect issues. The spectrum has included relatively small claims involving single family homes to condominium complex, commercial, and high-rise properties. NZA has defended against all types of construction defect damage claims, including:

• water damage
• mold, smoke and fire damage
• grading and drainage issues
• pollution
• impairment of the building product itself
• warranty and replacement issues
• diminution in value

Our experience extends internationally as well. Representing and bringing suit against Asian manufacturers has given us insights concerning manufacturing issues, as well as jurisdictional and service of process concerns, involving these parties. For example, our attorneys have defended claims of faulty shower valves, resulting in water damage to homes, hotels, and apartment buildings across North America. We have acted on behalf of a large French conglomerate whose U.S. subsidiary makes a number of construction materials, some of which became subjects of construction defect claims.

Ultimately our goal is to efficiently resolve construction defect claims as early as possible. Sometimes this requires conscientious construction oversight. NZA has unique insight into construction issues that may develop throughout the project to advise construction professionals on appropriate risk management. This hands-on approach benefits all participants by allowing successful completion of the project and avoiding defect claims in the future.

Because of our relationships with all aspects of the construction community, a broad range of related experts, and our reputation for being excellent trial lawyers, we are able to obtain impressive results for our clients. These claims have involved, among others:

• Roofing materials
• Siding and EIFS
• Cladding & curtain walls
• Plumbing materials and fixtures
• Electrical materials and fixtures
• Foundation and cement issues
• HVAC materials and fixtures
• Window leaks
• Subjacent lateral support