Construction Defects

At times, damages and injuries are the result of the design or construction of a structure. Determining the proper course of action involves a detailed investigation, analysis and review of the design documents and potential negligence of contractors and subcontractors. These cases frequently involve claims of both common law and contractual indemnity, duties to defend and rights to reimbursement of legal expenses.

Falk Waas works closely with our clients through each step of the claim to ensure positive results and minimize their potential exposure. We also provide advice and counsel to avoid future claims by improvement of the structure, enhancement of safety measures and compliance with federal, state and local codes. 

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

Representative Cases

Worker’s compensation immunity for owner of company

Represented individual owner of construction company in a wrongful death action alleging owner personally acted with reckless indifference to the life and safety of employee killed in a construction accident, thus, Defendant was not entitled to statutory worker’s compensation immunity protection. Filed a Motion for Judgment on the Pleadings arguing that a director, officer, owner, or shareholder of a corporation does not incur personal liability for the company’s torts merely by virtue of his relationship to the company. Specifically, he is not liable for torts committed by or for the corporation unless he has personally participated in or committed the tort. The Court granted the motion and agreed that the general factual allegations of the Complaint failed to adequately support a cause of action against the principal to establish that he was personally or actively involved in the subject incident which led to the Decedent’s death.

Defense verdict in multimillion-dollar claim

Condominium unit owner claimed multiple construction design defects led to constructive eviction and made a multimillion dollar claim against our client.  The case was heavily contested and tried to jury verdict. The jury found in favor of our client on all claims. The case involved the need to locate construction documents which had been archived for decades and witness to the process, many of whom had relocated around the country.

Granting of motion to dismiss on laches defense

Our firm was retained to defend allegations of defective design of security gates, which led to the death of a patron. This matter involved multiple defendants faulting each other, from the occupants of the building, to contractors and even governmental inspectors. After extensive litigation, we successfully prevailed on a motion to dismiss claiming that the action was time barred under the legal theory of laches.

Successful defense in residential mold case

Successfully defended a heavily litigated construction defect case in which a home owner claimed damages ranging from economic losses in having to vacate her home, to major illness from mold exposure.  Our client, a subcontractor on the project, was the main target of not only the Plaintiff, but all the remaining defendants, namely general contractors and multiple subcontractors.  Through the discovery process, we were able to prove the culpability of the co-defendants, greatly reducing our client’s exposure and resulting in a nominal settlement.

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