Construction Defect

Construction Defect

Vandeventer Black handles construction defect litigation with a team approach.  Our construction team members include licensed attorneys with hands-on construction experience, as well as degreed engineers, and a registered architect.  Our team members are experienced litigators ready for trial when necessary, but we are also strong negotiators to help achieve fair settlements without trial when possible.  We use our team’s wide array of practical and legal construction project experiences to address our clients’ construction defect needs, and meet their established goals relating to the consequences of construction related defects.

This allows us to assist clients in all phases of construction defect related matters, from investigation, to negotiation, or as necessary litigation.  We have experience representing all participants in the construction defect arena, including commercial owners, government owners, design professionals, contractors, subcontractors, suppliers, and manufacturers.  We have extensive experience both defending and pursuing insured defect related claims, and in negotiating for or with insurance carriers involved in defect related claims, and their claims adjusters.  We also have extensive experience in defending or pursuing surety bonds posted for construction projects that could affect liability or provide a means for payment, including payment and performance bonds.

As part of our practice, we regularly become involved in drafting, negotiating, and as necessary litigating indemnity and insurance coverage issues.  Once liability has been established, our team helps clients turn their focus upon collecting moneys they may be required to pay because of someone else’s defect, negligence or inattentiveness through subrogation and indemnity actions.  Or, for those wrongly accused of defect, negligence or inattentiveness, we use our experiences to defend them against such claims or alternatively pursue those more culpable through appropriate third-party actions.

Our construction defect experiences include defects and projects of varied types and complexities relating to the full realm of construction projects, including commercial buildings, multi-family residential / housing projects, bridges, roads, schools, hospitals, etc., and the full realm of construction materials, including roofing materials, drywall and gypsum materials, steel and other metals, fire protection equipment, plumbing and electrical supplies, etc.  Our experience runs the full gamut of construction project defects / defect claims, whether they are design, construction, equipment, or material related.

Our construction defect attorneys are licensed in many states, including Virginia, North Carolina, the District of Columbia, Maryland, and New York and we have handled construction defect matters throughout much of the United States, and abroad.

Articles
To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts.  Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating these terms are signed, yet these ...
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For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating
Authored by attorney Casaundra M. Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project.  One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government contacts many clause ...
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Email is Not Private
Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes ...
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