How do I prove there is a construction defect?

While some construction defects and their effects on the project are patent, or obvious, others may remain latent, or hidden. Even readily apparent damages may have several causes. For these reasons, experts specializing in specific aspects of construction are usually retained to identify the defects and damages, evaluate their cause, recommend the appropriate methods of repair, and to develop estimated costs to perform the repairs. Those individuals who have the necessary training, education, experience and reputation are considered experts and are qualified to give testimony in court as to the cause of a design or construction defect, the proper repair method, and the cost of repairing each of the defects. Architects and engineers are the most frequently retained experts in construction defect cases. Other experts can be retained as well, for instance experts specializing in the forensic analysis of specific construction claims can prove to be invaluable. For example, if the roof leaks, an architectural expert who has designed effective roofs and evaluated other leaky roofs would be in a good position to testify as to why that specific roof leaks. The expert will provide a professional opinion and conclusion on what is the most economical and efficient repair method to correct the defective condition. In contrast, a general contractor may be able to adequately repair a damaged roof or cracked slab, he/she is probably not the best person to identify the cause of the failure or the proper repair method. Because of the different professionals and contractors involved on a construction project, in most cases more than one expert may be retained to investigate the defects. Although some defects and damages may be apparent in a construction defect case, the extent of the defect and the full amount of damages may not be determined without testing. This testing may include an invasive investigation, where portions of walls, floors, and roofs may be removed. Soil samples, testing for mold and bacteria, and testing of building materials may also be performed. Also, the presence of one type of defect may signal an overall level of workmanship that indicates other defects may exist. A full investigation is a prudent step to determine the extent of all defects so that these claims can be brought within the required time limits.