Construction defect investigation and analysis
A defect claim lives or dies on two questions: what actually went wrong, and what will it truly cost to fix. We have spent forty five years answering both, on tract housing, condominium and homeowner association communities, apartment complexes, and commercial and institutional buildings throughout Southern California.
Most defect disputes are really disputes about scope
By the time counsel is involved, both sides usually agree something is wrong with the building. What they disagree about is how much of the building is affected and what a proper repair requires. That is a construction question, not a legal one, and it is answered with evidence.
The failure mode we see most often is a repair scope written from a visual walk. Water intrusion rarely announces itself where it entered. A stain on a second floor ceiling may originate at a parapet, a window head flashing, a deck to wall transition or a roof penetration forty feet away. Pricing the stain instead of the source produces a number that is both too low and useless.
We open the assembly. Where litigation is anticipated, testing locations and protocols are agreed among the parties, all sides are invited to observe, and openings are restored afterward. Our own carpenters perform the work, so we are not waiting on a testing vendor's calendar.
Deliverables on a defect engagement
- Written findings on cause and extent of each claimed defect
- Destructive testing protocol, observation notes and restoration record
- Photograph log keyed to location and date
- Written scope of repair, building element by building element
- Line item cost of repair with quantities, unit costs and markups shown
- Rebuttal analysis of opposing expert scopes and estimates
- Deposition and trial testimony
Defect categories we work on regularly
Southern California construction fails in fairly predictable ways. These are the conditions that make up the bulk of our defect caseload.
Building envelope and water intrusion
- Stucco and plaster cracking, delamination and lath failure
- Siding, trim and sheathing deficiencies
- Window and door installation and flashing failure
- Weather resistive barrier gaps and improper lapping
- Deck, balcony and walkway waterproofing failure
- Below grade and retaining wall waterproofing
Roofing and drainage
- Roof covering installation and material defects
- Flashing, counterflashing and penetration detailing
- Parapet, scupper and cricket deficiencies
- Inadequate slope and ponding
- Gutter, downspout and site drainage failure
- Roof to wall and roof to deck transitions
Structural and framing
- Framing member sizing, spacing and connection defects
- Shear wall and hold down installation
- Deflection, sag and out of level conditions
- Dry rot and fungal decay of structural members
- Deck and stair structural framing failure
- Deviation from approved plans and specifications
Foundations and soils related
- Slab cracking, curling and separation
- Differential settlement and heave
- Expansive soil damage
- Post tension slab distress
- Inadequate moisture barrier under slab
- Improper grading and drainage at foundation
Mechanical, plumbing and electrical
- Supply and drain line installation defects
- Slab leak damage and repair scope
- Fixture and connection failures
- HVAC installation and condensate damage
- Electrical rough in and code deficiencies
- Fire sprinkler and life safety deficiencies
Finishes and interior damage
- Drywall cracking and joint failure
- Flooring installation and moisture related failure
- Cabinetry, millwork and finish carpentry defects
- Tile, stone and grout failure
- Paint and coating adhesion failure
- Resultant damage from concealed water intrusion
Where defect work concentrates in Southern California
Volume residential development, coastal exposure and expansive soils give this region a distinct defect profile. We work across all of it.
- Homeowner associations and condominiums. Common area envelope, deck and roof claims where repair phasing around occupied units drives much of the real cost.
- Production and tract housing. Repeating defects across many units, where the representative sampling protocol determines the outcome of the entire claim.
- Apartment and multifamily. Occupied reconstruction with relocation, phasing and loss of use considerations built into the estimate.
- Custom and hillside residences. Complex envelopes, difficult access and foundation conditions that generic pricing tables handle badly.
- Commercial and institutional buildings. Envelope and roofing claims where business interruption and tenant impact must be priced honestly.
Pricing the stain instead of the source produces a number that is both too low and useless.
On Scope DevelopmentSampling and extrapolation
In large multi unit claims, no one inspects every unit. The defensibility of the entire cost of repair rests on whether the sample was representative and whether the extrapolation method was sound. We document how units were selected, what was found in each, and the basis on which findings were extended to the balance of the project. That reasoning is stated in the report rather than left to be extracted at deposition.
Often engaged alongside this work
Defect claim with a deadline approaching?
Destructive testing, scope development and a defensible cost of repair take time to do properly. Call as early in the matter as you can.
- Direct(619) 464-3997
- Toll Free(800) 619-4833
- Office7777 Alvarado Road, Suite 408A
La Mesa, CA 91942 - LicenseCSLB #345079