Standard of Care
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Design Professional
Delineating the boundary between construction or design defects and a lack of standard of care requires in-depth knowledge not only of industry standards, codes, ordinances, and construction workmanship but also project-specific background history and the causal relationship between damage, injury, or defects and the professionals allegedly at fault.
Our team possesses the expertise and experience to evaluate high-stakes disputes, assisting clients in navigating through contract documents, construction drawings, specifications, building codes, damages, and liabilities for professionals, as well as industry standards like AIA contracts. We provide objective opinions on the issue of the standard of care. Our investigations establish a clear understanding of the claimed defects and standard of care, improving the accuracy of damage models in disputed construction defect cases.
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Contractor
Budget overruns, construction defects, and delays often lead to claims of defective workmanship against contractors and subcontractors, encompassing various aspects of a project. While industry standards provide a common framework for relationships between owners, architects, and contractors, individual projects may have unique contract terms.
Our team, equipped with expertise and experience, clarifies the responsibilities of contractors and subcontractors for specific projects. We evaluate the roles of design professionals, construction managers, vendors, and owners, discerning the portion of damage or injury attributable to construction. We objectively assess the quality of work against project documents, specifications, instructions, manuals, and unforeseen conditions, addressing claims of 'should know' on the contractor.
Our investigations shed light on the underlying factors in common claims related to the standard of care, enhancing the accuracy of damage models in disputed construction defect cases.
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Maintenance
The long-term performance of a distressed building project can often be influenced by a lack of or deferred maintenance, and this distress may be further exacerbated by failing to mitigate sustained damage. Building codes establish minimum maintenance standards to ensure serviceability and the extended performance of buildings. Distinguishing the contributing factors to damage between defective construction, design, and maintenance can significantly impact the validity of a claim in a dispute.
For complex commercial structures, this process may require not only an understanding of engineering causes but also a deep knowledge of maintenance standards as outlined in building codes and project manuals. Our team specializes in evaluating the maintenance records of property owners and occupants, determining whether reported damage and distress can be attributed to a lack of or deferred required maintenance.