Construction Defects
At Bland Richter, LLP, we represent builders and developers in defending claims of construction defects. Partner, Eric S. Bland, spent years as the legal counsel to such regional and national homebuilders as Don Galloway Homes, Lennar Homes, Beazer Homes, and Craft Homes USA, Inc. Given the ever changing building codes, the introduction of new products into the homebuilding industry and the typically long statutes of limitations regarding construction defect claims, the homebuilder / developer unfortunately takes on a great deal of long-term exposure to liability with every home built.
The successful defense of these cases begins in large part at the contract stage with the ultimate homebuyer. Homebuilders would be well-advised to limit their warranty wherever possible, to consider choice of law, forum and arbitration clauses, and to build in pre-completion inspections, walk-through and 60 day walk-through provisions into all contracts. The use of separately insured and licensed sub-contractors is likewise critical, as is proper document control to include copies of licenses, certificates of insurance, manufacturer's warranties and progress photographs. Even with the best available contract and sound building practices, the homebuilder should expect to encounter litigation.
Most typically, suits brought by homeowners are emotionally charged as their home is their largest investment. Having been told by home inspectors, engineers, environmentalists and/or attorneys that their homes are defective, the homebuilder may simply be unable to provide a satisfactory answer that is contrary to the homeowner’s predisposed beliefs. It is essential that counsel be contacted at the time the first complaint is made. Often times, the homebuilder may undertake modest repairs in an effort to appease a disgruntled homeowner, only to learn later that by having done so they have admitted liability for a host of other "problems." In addition, the homebuilder may be unaware of other similarly situated homeowners who may subsequently arise seeking the same accommodations.
There is no one correct answer. Given the circumstances, a legal defense may need to be withering so as to discourage other potential claimants, or modest so as to make the best use of a limited legal budget. At Bland Richter, LLP, we provide a full range of litigation services to homebuilders and developers, including: The defense of construction defect claims; The prosecution of third party suits against subcontractors, vendors and manufacturers; The defense of "mold" and other environmental claims; The defense of negative "stigma" claims; The defense of code violation claims; The prosecution of suits against municipalities and licensing agencies.
This is by way of general description only of the types of advice that should be sought and the types of issues that should be considered by the prudent homebuilder. This is not offered as specific advice and should not be relied upon as such. Specific advice on any of these issues would depend on a host of factors. Please contact us, however, if you wish to explore these issues further.
