Construction Defect Disputes

SRA represents contractors, owners, developers, and insurers in construction defect disputes where alleged deficiencies create meaningful financial, operational, or reputational exposure. These matters frequently involve multi-party claims, layered contractual obligations, and insurance issues that require disciplined strategy and early risk assessment.

Construction defect disputes often begin as technical disagreements but escalate quickly once schedules slip, costs mount, or coverage positions harden. We approach these matters with the understanding that defect claims are often litigated aggressively and may ultimately be resolved by a judge, jury, or arbitration panel.

Defect Disputes Involving Significant Exposure

We regularly handle disputes involving:

• Alleged design, engineering, or workmanship defects
• Structural or building-systems failures
• Claims involving materials, product performance, or installation issues
• Delay, impact, and consequential damage claims tied to alleged defects
• Warranty enforcement and limitation issues

These disputes often require coordination among multiple stakeholders, including contractors, design professionals, insurers, and experts. Our role is to bring structure and leverage to situations that can otherwise spiral into uncontrolled litigation.

Contractual and Insurance Considerations

Construction defect claims are driven as much by contracts and insurance as by technical issues. SRA advises clients on:

• Risk allocation under prime contracts, subcontracts, and design agreements
• Additional insured and indemnity obligations
• Coverage positions under CGL and related policies
• Strategic coordination with insurers and defense counsel

We assess defect claims with an eye toward both liability exposure and downstream recovery or defense opportunities.

Our Approach

Our work in construction defect disputes includes:

• Early investigation and exposure assessment
• Strategic motion practice and discovery planning
• Mediation and settlement positioning where appropriate
• Trial and arbitration preparation when resolution is not achievable

We do not treat defect claims as routine. Each matter is evaluated for escalation risk, leverage points, and the most effective path to resolution.