When
home owners and contracted constructors find themselves in a debate
about whether proper building techniques and materials were used in
the construction of a building, both parties should be fully aware of
their rights as regards the use of a
construction
expert if the argument escalates to a legal
issue. While some construction defect disputes can be resolved
without needing to proceed this far, many do require legal aid,
including a
construction
claims expert that can be used in a trial
setting. This type of
construction
expert witness can provide their expertise to
demonstrate the adequate building or the lack thereof.
Many
expert
witness construction professionals are also
trained litigators and their experience in both fields make them an
excellent choice when construction defect disputes cannot be resolved
to the satisfaction of both parties. An attorney who specializes in
construction consulting and litigation support will be able to make a
full investigation of the property in question and determine whether
the builders actions are in accordance with the standard of care in
the construction industry. This type of lawyer can be used to
represent either side and both owners and builders should be willing
to seek their services in difficult cases.
The
major issue in a construction defect dispute is often that the
perceived problem will create a severe financial burden in the future
as repairs of some building components can be extremely expensive to
replace. An example is a roof that has poor construction. During
normal weather, the roof may appear to function properly, but a large
rainfall or storm may cause damage that could require repair efforts.
Material issues are much easier to resolve as a building contract
should be fully detailed and list the materials that are desired by
the owner. With any construction defect disputes, owners and builders
will need to be able to call in an expert to get full resolution of
the problem.