You had a contractor in to do some work on your house. A few days, weeks or months later, you noticed a problem, so you called them up. They came straight away, apologized for the issue and promptly resolved it free of charge. This is the ideal scenario that would unfold should you ever notice a construction defect, but the aftermath of a defect is rarely ideal.
Sometimes, there is a good reason for a problem, as the contractor may not have done anything wrong, and the fault may lie elsewhere. For example, a crack in the plaster they applied might not be their fault at all but a result of the wall moving due to poor design by the architect or your neighbor digging up a tree and the ground subsiding slightly. Yet, it’s common for there to be a debate between homeowner and contractor and perhaps others who were involved, such as sub-contractors, architects and even material suppliers, as to whose responsibility any particular problem may be.
You may need to seek outside help to determine the cause of an issue
This is where an expert witness can be useful. These are professionals with the necessary skills, knowledge and experience to shed light on the root cause of a particular problem. For example, a metallurgist may be able to determine whether metal beams that proved defective were inherently weak or just incorrectly installed.
Construction defect claims can be complex, especially if you have very little knowledge of the matter in question. Benefiting from the help of an expert witness is just one of the strategies you may need to build your case effectively. Seeking legal guidance is a good way to start exploring your legal options in the wake of discovering a defect if the aftermath of your discovery hasn’t played out according to the ideal scenario noted above.