The nature of a construction site means that it is constantly changing, but the site must be investigated, observed, and photographed in the same condition that it was in when a construction accident occurred. Property owners may try to fix or cover up the dangerous condition that caused a construction accident, or it may be eliminated as part of the original construction plans. That is why you need an attorney who will work quickly and efficiently to ensure you have the strongest case possible.
!Why You Need A Lawyer After A construction Accident
Property owners may try to fix or cover up the dangerous conditions that cause construction accidents, or it may be eliminated on its own as part of the original construction plans. That is why you need an attorney who will work quickly and efficiently to ensure you have the strongest case possible.
At Alexander Shunnarah Trial Attorneys, we help with the investigation and documentation of the construction sites where our clients are injured. Our attorneys know there are holes in the ground, uneven surfaces, the possibility of falling objects, scattered nails, sharp objects on the ground, inadequate security, heavy equipment, and many more dangerous conditions that can lead to construction accidents and injuries.
The Difference Between Construction accidents and construction defects
Construction accidents are injuries or damage sustained during endeavors to improve, repair, build, demolish, clean, or construct specific facilities. They can range from personal injury to property damage.
A construction defect, on the other hand, is any deficiency in the design or construction of a building or structure resulting from a failure to design or construct in a reasonably workmanlike manner and/or in accordance with a buyer’s reasonable expectation.
Types of Construction Defects and Deficiencies
Construction defects can result from deficiencies in the product itself, how something is designed, installed, operated or maintained. Damages might be seen immediately (such as a burst water pipe), or appear over time (such as a slowly shifting foundation).
When allegations of construction defect are presented, understanding each of these potential failure mechanisms (design, installation, products, and operation/maintenance) can help to identify potential culpable parties.
Design Deficiencies
Examples of design deficiencies include architects’ or engineers’ failure to design a building or system, flawed roof designs that result in water penetration, poor drainage, or inadequate structural support.
Material Deficiencies
Material deficiencies include defective or damaged building materials and refer to inferior products that do not last as long as intended. Window frames that bend during transit, do not allow for proper installation, and therefore lead to water intrusion are examples of material deficiency.
Construction Deficiencies
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including:
- Defective architectural designs
- Lack of planning or supervision
- Lack of a proper inspection
- Improper construction
Some of the most common and high-cost construction defects include:
- Structural integrity — concrete, masonry and division, carpentry, unstable foundations
- Mechanical problems
- Electrical issues
- Water intrusion (which can result in property damage and toxic mold exposure)
- Thermal and moisture protection
- Doors, windows, and glass seals
- Finishing defects
Operational and Maintenance Deficiencies
Examples of operational and maintenance deficiencies include an owner’s failure to properly use or maintain the structure or structural systems. Not maintaining an exterior sealant may cause it to break down and let water in. Another example of maintenance deficiency is keeping the temperature on an HVAC system too low through the winter, causing pipes to freeze.
Subsurface Deficiencies
The last type of deficiency is a subsurface deficiency. Some structures feature insufficient drainage, incorrect compacting of subsurface materials, or structures built on places like hills that could result in flooding, landslides, and other issues.
Construction accidents always hit home.
In the wake of a sudden and devastating construction accident, families and victims are often left grappling with not only their grief but also a complex web of legal and emotional challenges. Compassionate, skilled legal advocacy becomes paramount when construction site owners shirk their responsibilities, and Alexander Shunnarah Trial Attorneys stands ready to offer unwavering support and expertise.
Our goal is to provide a pathway to rightful compensation and closure for those impacted by a construction accident or a wrongful death due to a construction accident, and we’re dedicated to holding site owners and insurance companies accountable.