Appeals and Litigation

Construction Defect Claims/Litigation

If conflicts arise, the highly-experienced construction litigators at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) will work with clients to ensure compliance and employ dispute resolution strategies that are the most successful and efficient at every stage.

Our lawyers are prepared to assist builders, developers and individual property owners with any issues relating to construction and design defects. Claims for breach of contract, breach of warranty, fraud or negligence often result from defective design, materials or workmanship.

  • Defective Design. Construction defects arise from the deficient design of a structure or system results that makes it partially unusable, fully unusable or results in the creation of a safety hazard. Design defects often include poorly designed drainage, electrical systems, failing to account for site conditions, foundations, heating and cooling, plumbing, roofs, siding and trusses, among other things.
  • Defective Materials. Construction defects can result from materials that fail due to poor product design, lack of testing and/or missteps in the manufacturing process. Poor product design and manufacturing errors often leads construction defects. Examples of common material defects include defective doors, shingles, siding or windows.
  • Defective Workmanship. Poor workmanship is one of the leading causes of construction defects. Poor workmanship occurs when the builder fails to meet specifications such as building codes, contract specifications, design plans, industry standards or manufacturer’s specifications. Workmanship defects can also result from the use of materials that differ from the design plans.