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Practice Areas - Construction Defects

Often involving claims well into the millions of dollars, claims of substandard construction that fail to meet the applicable and stringent building code are often accompanied by statutory claims entitling the plaintiff to attorney’s fees. Given this huge exposure, the attorneys at Wolpe Leibowitz & Fernandez, L.L.P. work closely with the client and the claims professional, often immediately after the incident, to preserve evidence, document the site conditions, evaluate the alleged defect, and hire the correct experts to assist the claim evaluation. Whether representing the general contractor, the HVAC subcontractor, the architect, the mechanical engineer, the roofer or the plasterer, our firm works diligently at determining the true cause of the damages and quickly identifies the entity or entities responsible. Regardless of the size of the construction project, from single family homes to multi-story luxury condominiums, our attorneys have the necessary construction defect experience to properly defend these often complex cases.

A successful approach to defending construction claims requires excellent coordination between the claims professional, the client and the necessary construction experts. As a team, the defense quickly identifies all the pertinent issues relating to liability and damages. This often requires site visits, speaking to building inspectors or project managers, obtaining building permits and the building inspection file, and obtaining all plans and specifications as well as all change orders. Additional legal issues often include risk transfer strategies including contractual indemnification, additional insured status for the client, and third party liability. Wolpe Leibowitz & Fernandez, L.L.P. takes pride in this teamwork approach to identifying these issues early in the litigation so that a successful defense plan can be implemented and followed. Whether the claim is mediated, arbitrated, or tried, executing a well planned defense is the key to success.

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