Multiple parties? Expert witnesses? No case is too complex for us.
Much rides on any real estate development project, and contractor error and material defects can have devastating effects on project viability and can compromise prospects for owners, investors, contractors and lessees. We have successfully represented all manner of parties in complex construction defect cases, often obtaining judgments well in excess of six figures.
Defects can arise in any number of places during the construction of an office building, shopping mall, parking lot or landscape. We protect your interests in cases alleging:
Many developers and builders do step up to the plate to address construction defects or are at least willing to compromise. However, negotiations may fail or you may not be able to compromise because you represent owners, investors or tenants who will not agree to compromise on construction features or quality or whose schedules do not permit delays. Other contractors may decide to simply move on or delay correction of the defects until their schedule lightens.
The minute a construction defect is found, it pays to have an experienced construction defect lawyer carefully review your options before any negotiations to seek redress begin. We advise on litigation involving contractor responsibility for construction code compliance, architectural standards and design liability, and also schedules expert witness testimony for construction defects and architect liability cases.
We assist contractors and subcontractors in obtaining mechanics’ liens to ensure they are justly compensated for their work. State statutes governing the rights of contractors, particularly the Utah Lien Recovery Act, are specific and tough on those who violate required timelines and filing rules. If you are not fully compensated for your work or you suffer a breach of contract for completed work, our attorneys represent your right to be paid the amount promised. If you already have a lien, we can assist you with the lien foreclosure process.
Construction defect cases should be brought as soon as possible for a variety of reasons. Cases regularly involve multiple cross-claims, counterclaims, and third-party claims. Between insurance coverage, subrogation, indemnification, direct liability and other legal mechanisms, it takes time to sort through the chain of liability in determining which parties are held responsible.
Most relevant statutes of limitations do not begin until the property owner knows or should have known of the defects. Different claims have different statutes of limitations, the shortest of which are one year.
Another consideration is contractor bankruptcy. The sooner your case is filed, the better the chances for optimal recovery. Of course, some construction defects are not detected until a year or more has passed. In that case, a suit may still be filed: Even if the developer or contractor has filed for bankruptcy, their insurance carrier will defend and litigate or settle the case.
Fillmore Spencer LLC attorneys represent contractors, subcontractors, construction managers, architects, engineers, manufacturers, wholesalers, retailers, insurance carriers, developers, condominium associations, property owners, investors and commercial tenants in construction defect negotiation, mediation, arbitration and litigation. Call us at (801) 426-8200 or contact us online to learn more about how Fillmore Spencer LLC prosecutes and defends construction defect cases.