Construction Defects

In recent years, the construction industry in the U.S. has seen unprecedented growth.  Construction of both residential and commercial buildings has increased rapidly. With the rapid growth in the industry, however, has come a rapid growth in construction-related disputes.

The attorneys at Ferraro & Mandelker, LLP can help guide you through the legal process while protecting your rights so that you do not incur the financial and/or physical damages that these conditions can create both for you and your guests. 

If there is a construction defect present in your home or commercial property, whether you bought it new or used, you do have rights.  If you discover such an issue, you need to notate its presence properly and contact Ferraro & Mandelker, LLP without delay.  If you are unsure about a defect, refer to our Seven Warning Signs below to assist you in determining if your home or office suffers from the typical defects.

Seven Warning Signs

1. Water Intrusion
   Every home has what is called a building envelope. This envelope consists of building paper and flashing at all openings. Many times the building envelope is installed improperly which causes water to pass through it into the interior of the home. This may result in water stains in the interior, but very often water intrudes only into the wall cavity causing mold and damage. Many times, owners are unaware of what lurks in their walls. Roofs are complex systems that need to be sloped and transitioned properly. If the roof is improperly built or installed water intrusion through roofs becomes a common complaint. Water intrusion through concrete slabs can be an indication of ground water or the absence of a vapor barrier under the slab. Plumbing leaks are also a sign of improperly installed components.
   
   
2. Cracks
   Stucco and drywall cracks can be an ominous sign. Many different issues can cause the cracks. Settlement of the home is a possibility, which could mean that the soil was not compacted properly, or the soil is expansive. Structural issues can cause cracking as well. Framing a home is not as easy as one would think. Structural engineers call out for special types of straps, nails and hold-downs all of which must be installed in specific locations. Cracks can be caused by improper installation of stucco, drywall or shear walls that prevent deflecting or shifting.
   
   
3. Door and Windows That Do Not Sit Well
   Improperly installed or defective windows can become a problem that only gets worse over time.
   
   
4. Mold
   Any water intrusion no matter how small can cause mold to appear in as little as 24 hours. Unfortunately, many leaks will not manifest in the interior of the home, but rather mold will grow and thrive in the wall cavity.
   
   
5. Plumbing Leaks
   Constant plumbing leaks can be a sign of a plumber who did not follow the rules. There are literally hundreds of plumbing connections in a home and very often a plumber will fit the connection together, but will forget to solder them. These connections can hold for years before leaking.
   
   
6. Excessive Heating and Cooling Bills
   Undersized heating and air-conditioning units are a sign of a builder who cut corners. Demand has sometimes outstripped the supply of qualified laborers and quality materials, which means your 5-ton air-conditioning unit became a 4-ton due to supply issues.
   
   
7. Breakers Tripping
   Breakers tripping and lights dimming is a sign that the breaker panel may be undersized or there are too many fixtures per breaker.
   

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Areas of Practice

• Personal Injury
• Insurance and Bad Faith Litigation
• Business Litigation
• Business Formation
• Construction Defects

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Our Attorneys

Mathew M. Mandelker
Licensed in TX

Christopher M. Ferraro
Licensed in TX and FL

Peter E. Ferraro
Of Counsel