Construction Defect
Construction Defect
Construction Defect litigation can be costly, time consuming and can jeopardize the very existence of developers, general contractors and subcontractors who need to defend against suits seeking damages for alleged construction defects. The Construction Attorneys at Clare & Scott
can help if you are faced with a claim involving construction defects. Our attorneys have extensive experience in construction defect litigation. Our attorneys have routinely defended:
• Developers
• Construction Managers
• General Contractors
• Subcontractors including masons, framing contractors, plumbers, mechanical/HVAC contractors,
electricians, siding contractors as well as other trades involved in the construction of both commercial and
residential structures.
• Insurers serving the construction industry
in complex multi-party lawsuits arising out of alleged construction deficiencies.
Whether you have a construction defect claim facing you, are faced with an indemnity claim, or require assistance with an insurance coverage analysis arising out of a construction claim, contact the experienced construction attorneys at Clare & Scott.
Please Call Us Today For A No Obligation Consultation!
Contact - John R. Scott , Esq.
(201) 414-5067
Mission and Philosophy
Clare & Scott
is committed to obtaining the optimum results for its clients. The client’s interests are directed by and receive the full attention of an experienced, seasoned certified civil trial attorney, assisted by another experienced litigation attorney and support staff providing complimentary skills that insure each claim receives the attention of a cohesive team. Clare & Scott has the skills needed to review, analyze and digest the construction project files and extract the details needed to defend the claim. While there are many general practice and insurance defense firms that offer construction litigation as part of their practice, Clare & Scott
has attorneys who have dedicated themselves to defending members of the construction industry and their insurers.
Clare & Scott’s construction attorneys have consulted with and provided insurance coverage opinions and advice to a multitude of insurers serving the construction industry. Our construction defect attorneys recognize that sometimes cases can be favorably resolved for clients or their insurers by fending off or prosecuting actions seeking to shift the financial burden associated with indemnification, contribution and additional insured claims.
Alternative Dispute Resolution
While Clare & Scott
prides itself on its court room successes as trial attorneys and recognizes that trial is sometimes necessary to achieve the best result for the client, litigation is also a tool and sometimes alternatives to trial are critically important to best protect the client’s interests.
Alternative dispute resolution and the art and skill of timely negotiation remain essential weapons to be employed in the resolution of construction defect claims. Our attorneys have routinely mediated construction defect and coverage disputes involving construction defects. We pledge to evaluate a client’s exposure as early as possible and to develop a litigation strategy that will bring about a successful resolution.
Representative Cases
The following construction defect claims are representative cases our attorneys have previously handled:
ABC Condominium Assoc v. DEF Corp.: Defense of a Sponsor/Developer and General Contractor against a construction defect claim brought by the Association of a 30 unit Hoboken Condominium complex alleging a multitude of structural defects involving roof leaks, building envelope leaks and structural framing deficiencies.
ABC Corp. v. DEF Municipality: Defense of the City of Newark in a claim for “extras” by a contractor installing CIPP (Cured In Place Pipe) to rehabilitate City sewers.
ABC Condominium Assoc. v. DEF Developers, et al: Defense of a fire suppression system design/build contractor involving alleged construction defects with the installation of NFPA 13R residential sprinkler systems in townhome units at 2 different townhome/condominium developments.
ABC University v. DEF Construction et al: Defense of a architectural metals and glass installer (curtain wall/atrium) against construction defect claims involving alleged water intrusion through a cavity wall system consisting of limestone panels, a steel support structure, louvers and various curtain wall systems.
ABC Condominium Association, Inc. v. DEF Estates, et al: Defense of Sponsor/Developer, Construction Manager and various Developer appointed Board Members against Condominium Association's complaint alleging a multitude of structural deficiencies involving the building foundations, framing of two 4 story mid-rise buildings, balcony/deck structures on single family, townhome and duplex and mid-rise structures, plumbing, HVAC, roofing and siding (EIFS) defects as well as alleged deficiencies in the adjacent sea wall structure.
*Names redacted for confidentiality.
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