When a dispute arises about the design, construction of or materials used in a commercial or residential property, often the only way to determine legal responsibility is to pursue litigation. Whether you are the potential plaintiff or defendant in a construction case, the experienced commercial litigation attorneys at Leavy Schultz Davis can provide you with the representation you need in order to resolve the dispute quickly and efficiently.

As one of the longest established firms in the Tri-Cities area, Leavy Schultz Davis has handled a wide variety of construction litigation cases and will be more than happy to assist you with your case.

Common Types of Construction Defects

Construction defect cases can arise in a number of situations. Some of the most common defects we see are:

  • Leaks – Leaks in the building’s façade and leaks in windows are some of the most frequently occurring leak issues in new construction buildings. Ensuring that a building is watertight is an important but often difficult part of the construction process.
  • Flooring – Flooring can be a challenge for both commercial and residential properties. If the builder uses hardwood flooring and doesn’t allow it to acclimate to the building before it is installed, gaping and warping can occur. Additionally, if the builder is using an engineered flooring and doesn’t properly follow the instillation instructions, warping, buckling and cracking may cause serious problems.
  • Airflow – As buildings are built larger and taller, issues with airflow can arise. Ensuring proper circulation can be difficult but is extremely important to control climate, odors and airflow.

Timing in Construction Litigation Cases

In Washington State, construction defect cases must be brought within the statute of repose. The statute of repose is 6 years and that 6-year clock starts running when “substantial completion or termination of services” occurs. This means that regardless of when the defect is discovered, if discovery occurs after that 6-year timeframe has run, a claim cannot be brought. The confusing part of the statue of repose is determining when “substantial completion or termination of services” actually occurs. Working with an experienced construction litigation attorney can help you determine if the claim you are involved with is within the statute of repose.

Resolving a Construction Defect Case

Depending on the extent of the alleged defect, resolving a construction defect claim can be fairly straightforward and may only require that the appropriate contractor repair the defect. In other situations, where multiple designers, builders and developers are involved, litigation may be the only way to resolve a construction defect case. The construction litigation attorneys at Leavy Schultz Davis work with clients who are involved in every stage of the construction defect process, from claim investigation to trial.  

If you are involved in a construction defect case or are considering pursuing litigation, call Leavy Schultz Davis today to speak with one of our talented construction litigation attorneys. We can help you understand your options and how the statue of repose might affect your case.