At the outset of the construction defect cases represented by Kasdan Simonds Weber & Vaughan, only one or two defect problems may be known to the property owner or homeowners association. Our investigation typically reveals that these defects are only the tip of the proverbial iceberg, and that most or all of the properties in a specific geographic area share a substantial number of common but serious defects.
Our team of construction experts initially conducts a thorough on-site inspection, and our staff researches a property's history and participants in its development (builder, architect, contractors, etc.). This enables our attorneys to advise prospective clients who make inquiries to our firm about whether or not a specific case should be pursued. Our attorneys are never assigned more than a manageable number of files, so appropriate focus can be given to each case. Each client has access at all times to team members and information related to his or her case.
When property owners are represented, generally, a contingent fee arrangement is often reached. No meritorious case is turned away because of a client's financial status.
In the majority of cases, we find defects related to water intrusion due to faulty roofing, poorly installed window or drainage systems, and negligent balcony or deck construction. Signs of water intrusion such as staining of walls and ceilings are often accompanied by complaints of respiratory symptoms or allergic reactions among children and others, signaling possible mold growth in hidden spaces such as closets, cupboards, and in walls.
Many of our cases involve the discovery by concerned parents that their homes are incubators for mold spores, and in such instances our compensation plans frequently involve compensation for personal injury, including medical expenses.
Other commonly found defects include poor site preparation and slope instability, stucco and drywall separation, porous concrete, foundations under attack from natural chemicals such as sulfates in the soil, as well as framing and structural defects, faulty plumbing, and improperly installed electrical, heating and air conditioning systems.
Once the defendant parties (e.g. builders, subcontractors) have been identified and the investigation is complete, we make vigorous attempts to resolve a case fairly without trial. Early resolution and cost efficiency are cornerstones of each case manager's strategy and discovery plan. Over the years, we have mediated the vast majority of our cases to successful resolution. However, when necessary we are prepared to proceed to trial. We are one of only a few law firms in California and Arizona that can point to substantial experience in trial proceedings of these highly complex cases, which can frequently last several months.
Kasdan Simonds Weber & Vaughan is dedicated to providing creative, specially tailored approaches to construction defect litigation. Our broad-based experience, individualized analysis, and team involvement provide clients with alternative and innovative strategies to successfully resolve cases, plus the confidence that comes from well-informed legal guidance and decisions by our knowledgeable professionals.