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Experts
Experts are essential in evaluating possible construction defects, as well as supporting the homeowner's case if litigation is filed.
Structural engineers are the most qualified experts to evaluate construction defects. They have an understanding of the applicable building codes, and are trained to provide exhaustive investigations into the quality and nature of construction. Occasionally, in the course of their investigations, experts will need to conduct "destructive testing," resulting in limited physical damage to the structure. Destructive testing is necessary in those circumstances where conditions are not obvious from visual inspection. For example, an engineer may remove a section of stucco siding in order to determine whether it was properly applied, and whether there is a moisture barrier on the framing and sheathing.
In selecting an engineer, there are several points to consider. Does the engineer have experience with the specific problem (i.e., synthetic stucco, roofing)? Is the engineer typically an advocate for general contractors, or is he objective in his approach and opinions? In other words, will he provide a disinterested evaluation?
Typically, the structural engineer provides a written report documenting code violations and other construction defects. Such a report may focus upon one area, or represent a thorough evaluation of the entire structure. Engineering reports can run from a few hundred dollars to several thousand dollars, depending upon the nature of the investigation and the size of the structure. Often, these expenses can be reduced in cases where a large number of dwellings share the same construction defects.
In our experience, home inspectors are rarely useful in evaluating defects and supporting litigation. Their scope of expertise and qualifications are significantly limited.
In some situations, it may be necessary to obtain the services of experts other than structural engineers, such as appraisers, architects, certified industrial hygienists (in mold cases), claim estimators, etc.
Retention of experts is expensive, however, and must be balanced against the potential value of the case. Still, picking the right experts is critical to a case, as construction defect litigation often becomes a "battle of the experts".
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