Construction Defect

Cassiday Schade LLP recognizes the importance of understanding the unique complexities of construction defect claims and has experience in handling them from pre-suit through trial. As no two construction projects are the same, neither are construction defect lawsuits. Our experienced attorneys routinely represent national and international companies in protecting their interests, as well as enforcing their rights against third parties.

Our construction defect team recognizes that many times the outcome of a construction defect claim is dependent upon the governing contract documents. We effectively counsel our clients in the drafting and negotiation of such documents, including the appropriate usage of risk transfer mechanisms and exculpatory clauses. Likewise, we understand that when litigation ensues, it is critical to identify opportunities to enforce beneficial contractual provisions through early motion practice in order to best position our clients to obtain a favorable resolution. We promptly explore insurance and tender of defense issues, as well as options regarding arbitration and mediation.

Our areas of experience include the defense of design-builders, contractors, and construction managers, as well as design professional liability for architects and engineers. We are also experienced in litigating both breach of contract claims and implied warranty and habitability claims for a large variety of commercial, industrial, agricultural, and residential structures. We routinely work with consultants and experts trained in multiple disciplines, including architects, engineers, forensic accountants, and forensic computer professionals. As part of our work with experts, we are experienced in drafting protective orders and protocols for both destructive and non-destructive testing as necessary. We also work proactively with contractors to develop appropriate repair proposals in appropriate situations.

The Construction Defect Practice Group at Cassiday Schade LLP successfully achieves favorable results for our clients in the most sophisticated and complicated construction defect claims. Through the diligent work of our seasoned attorneys and our successful track record, we have earned the confidence of our clients and we continue to strive to achieve successful results for our clients both inside and outside the courtroom.