The DSV Construction Practice Group has gained substantial knowledge and experience through the arbitration and litigation of defective work claims.
DSV uses this expertise to provide sophisticated representation to a wide range of clients involved in this difficult issue. Defective work claims generally relate to the correction of improperly performed construction work and the use of nonconforming materials. Damages from defective work claims include the cost of repairs or the diminished value of the project.
DSV construction lawyers provide valuable representation in resolving construction failures, which occur whenever the construction fails to perform as required by applicable contract documents or accepted standards. Examples of construction failures include: the bridge whose cables fail, concrete that is under strength or structurally deficient, roof systems that leak, adhesives that fail to bond and paint that peels.
DSV experience demonstrates that the consequences and implications of construction failures run the gamut. Events like undersized beams, under strength concrete or coating failures are usually manifested during construction when liability is clear and the cost of correction is relatively minimal. Frequently, however, failures manifest themselves following the completion of construction when the improvement is in use.
DSV lawyers’ knowledge of the business of construction lends a unique perspective to their representation. Initially, significant language is included in the construction contract to protect the interests of the client with regard to defects. Once the construction defect becomes known, efforts are concentrated on the cause and effect of the defect, and ways to mitigate any loss that may be suffered.