Practice Areas: Legal Services Centered around You

 

Construction Defect

There has been a vast amount of controversy within the construction industry with respect to the question, “What is a Construction Defect?” This controversy exists due to the different viewpoints held by the builder, developer, contractor, subcontractor, material supplier, product manufacturer, homeowner, homeowners’ association, etc.

Unfortunately there is no short and/or precise answer to this question, as the answer is multi-faceted and complex to a certain degree. Accordingly, there is big difference between a construction defect and nuisance-value claim. A nuisance-value claim can pertain to conditions resulting from normal wear and tear or lack of proper maintenance. On the other hand, a construction defect claim can range from conditions resulting from aesthetic issues, such as improper surface painting to more intricate and complex issues, such as soil expansion or structural issues, like improper/poor framing and foundation.

Construction defects can occur within new or used residential homes, townhomes, condominiums, commercial buildings, developments, and/or subdivisions.A few examples of some Construction Defect issues include but are not limited to:

 

• Leaky windows/doors/pipes
• Mold damage via water intrusion
• Drywall/stucco cracking
• Soil expansion/movement
• Material/product failure
• Geological hazards

According to the trial courts, Construction Defects and/or Deficiencies can be grouped into four major categories, which include:

Design deficiencies
Materials deficiencies
Subsurface/geotechnical deficiencies
Construction deficiencies (substandard workmanship and/or poor quality)

Design Deficiencies — These issues typically involve design professionals, such as engineers or architects. Design deficiencies are considered more complex and the resulting damages can be very costly to repair. The problems one could encounter with design defects include, but are not limited to: improper/poor roof installation, improper drainage design and installation, improper specification of building materials, inadequacy of structural members, etc. These issues can result in a plethora of damages such as cracking and/or deterioration of components and materials, resulting in water penetration or intrusion, which can cause hazardous conditions like mold contamination.

Materials Deficiencies — These issues typically involve manufacturers or manufacturing problems, such as leaky windows and doors, defective waterproofing membrane, flashing, asphalt roofing shingles, particle board, inferior drywall and other wall products used in wet and/or damp areas, such as bathrooms and laundry rooms.

Construction Deficiencies (Substandard Workmanship and/or Poor Quality) — These issues usually involve problems associated with work performed by general contractors, subcontractors, suppliers, etc. Typically substandard workmanship or poor quality can pertain to cracks in the foundation, concrete slabs, drywall, stucco, etc., and/or problems in connection with electrical or mechanical systems, plumbing, insulation, HVAC, etc.

Subsurface/Geotechnical Deficiencies — It should be noted that certain areas like California and Colorado, or properties built on a hillside or slope, have a significant amount of expansive soil conditions, due to the difficulty in obtaining a solid and/or stable foundation.

 

Personal Injury

Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another’s negligence or intentional misconduct.
Understand Your Legal Options. Protect Your Rights After An Accident.

Accidents can happen anywhere at any time. We assist people who are injured by the negligent, reckless, or illegal behavior of others. We also assist families who have lost a loved one in cases of wrongful death. We can help people recover the proper compensation for their personal injury and get their lives back on track.

Here’s a rundown of the different types of compensatory damages that are common in many personal injury cases:

Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident — reimbursement for treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.

Income. You may be entitled to compensation for the accident’s impact on your salary and wages — not just income you’ve already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”

Property loss. If any vehicles, clothing, or other items were damaged as a result of the accident, you’ll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost. Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath — also for any ongoing pain that can be attributed to the accident.

Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury — including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.

Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.

A statute of limitations is a type of law that restricts the period of time that a person may initiate legal proceedings.  Time limits can vary depending on the type of case and the state where the particular cause of action occurred.

 

Insurance Defense

Pocketbook analysis is a key factor of our insurance strategy and defense work. Effective case management requires an attorney to keep an eye toward economical solutions to industry-wide problems. Mindful of the costs, we weigh the benefits of various transactions to negotiate outcomes that are in our insurance clients’ best interests.

We pride ourselves in providing successful results with efficiency. After receiving a file, we immediately contact our clients and opposing counsel as well as the court to gain a complete understanding of how to handle the file in the most efficient and prompt way. We provide a timely comprehensive evaluation of the case with proper recommendations in our reporting. From the initial report stage, we determine if there are any potential tenders of defense needed. We work with our principals hand-in-hand and keep them informed and up-to-date on developments in the case. We provide proper litigation, expert budgets and follow-up with file handlers to obtain buy in for the handling strategy. Our attorneys are very experienced and we do not do tasks and activities just because they are something we can bill. Our primary objective is to quickly and economically resolve claims through aggressive case management and Alternative Dispute Resolution procedures. We are cost and results oriented. We are aggressive in seeking opportunities to tender resolution at reduced costs. Our goal is to get the case resolved and closed in the most effective way possible. Yet, our opponents know that we will not hesitate to take a case to trial when necessary.

Our goal is to obtain the best result for our client and principal in the most proficient manner possible. Thus, we are proactive in seeking a resolution to any claim from day one. We are very particular in not only following the known steps of handling litigated files, but thinking outside the box to accomplish more successful results. We evaluate, strategize and handle each case differently based on the specific requirements the case demands; nevertheless, we strictly adhere to our reporting requirements and result-oriented goals. We will customize our approach based on the needs of the clients and our attorneys and personnel are trained to strictly adhere to our principal’s guidelines and protocol. We watch over and closely monitor the cost of litigation for our clients, which we consider a major element in the successful conclusion of the case. We carefully determine when we need an expert and which experts should be retained. We only work with top notch experts who are the absolute leaders in their field. We provide critical evaluations and reporting with recommendations prior to every critical point in the litigation including mediations, arbitrations, and trials. Not only do we work together as a firm, we strive to be an integral part of a team with our client, principal and experts to produce better results.

We will not give up our efforts in obtaining the best result at any point for any reason. We believe our integrity and determination is a reflection of our client’s and principal’s resolve and reputation, which is why we strive to do our best. We pride ourselves on responding to inquiries and comments from our clients and principals immediately. We are not a vendor to our clients or principles, but we are striving to become an integral part of a team. We have long-standing relationships established with our clients solely based on our performance, responsiveness, reliability and resolve. Our goal is to take care of the needs of our clients at every level. We believe it is our responsibility to make the file-handler successful in performing his or her job.

We have successfully mediated and tried multimillion dollar claims involving complex construction defects, multi-party habitability, premises liability, catastrophic injury and other liability claims.

We have invested in and utilize a state-of-the-art electronic billing system which is equipped to handle the billing requirements of our principals. Further, our Billing Department works around-the-clock to ensure that our billing is accurate, advanced costs and vendor costs are economically and efficiently processed so that our principal’s workload is minimized. By tendering to other carriers early on in the case, we have been successful in saving our principals thousands of dollars in litigation costs and settlements. Proper handling of a file as well as securing the sharing of defense costs whenever possible, is a substantial factor in securing an economic resolution to a case for our clients and principals. Therefore, we do not take this responsibility lightly.

 

Premise Liability

Property owners have a responsibility to keep their property safe for individuals who have a right to be on the property. When a property owner is negligent, it can lead to serious and catastrophic injuries. Under premises liability laws, property owners can be held financially responsible for injuries that are caused by their negligence. A Phoenix premises liability lawyer can advise you of your rights if you have been injured or if a loved one has died on someone else’s property.

Fire/Electrocution  When you or a family member is affected by an apartment fire, hotel fire, or electrocution, we thoroughly investigate the accident and determine if inadequate sprinkler systems, negligent wiring, insufficient fire escape routes, or other negligence may be to blame. The landlord, commercial property owner, or other property owner may be held responsible.

Slip and Fall  Was a slip- or trip-and-fall accident caused by wet or slippery floors, defective steps, uneven pavement, or other dangerous walkway condition? Our attorneys can demonstrate how the property owner’s negligence led to your injuries.

Negligent Security  Dark parking lots, hotels, parking ramps, and other locations can present considerable risks for patrons if there is inadequate or negligent security.

School/Playground Accidents  Did negligent supervision lead to a student drowning in the school pool? Did negligent hiring lead to a teacher or school counselor sexually abusing your child? Did poor supervision cause your child to suffer serious injuries when using the playground equipment? Our law firm can investigate whether the school district should be held responsible.