Case Descriptions

Construction Fraud

A married couple purchased a home where on the disclosure form the seller stated the home was previously flooded with 3-5 inches of water. The new owner began remodeling after they moved in and claimed there was evidence of 5-7 inches of water when the home was previously flooded. Issue: Did the extra water the new owner claimed to be in the home when it was flooded increase the amount of damage to the home and result in the seller committing construction fraud?

OSHA Violation with a Near Fatality

A subcontractor was using a tall aluminum ladder installing materials on a home that was in the finishing stages. As the ladder was being moved to a different location, the ladder fell backwards into some high voltage powerlines. The worker for the subcontractor was electrocuted, causing life-threatening injuries, and the worker became permanently disabled. Issue: Who was responsible for the proper training and monitoring of the project to make sure safety was being performed to the fullest?

Cost Overruns on a Project

An owner of a fast food restaurant bid a project out to build a new fast food restaurant. The low bidder was awarded the contract. The contract specified a certain number of construction days with liquidated damages for not completing on time. The project went over-budget, with poor construction quality and time overruns. We provided construction estimates, time schedules and code inspection to help determine the issue at hand. Issue: Did the owner owe the contractor any more money than what he had paid in light of the over-budget, poor construction and time overruns?

Improper Construction by Code

A landlord installed a new set of premanufactured steps at an existing manufactured home he was renting. After the steps were installed, the tenant walked out of the manufactured home and fell down the steps. The tenant accused the landlord of not properly installing the new steps. Issue: Did the landlord install the steps according to code specifications?

Improper Construction

An individual contracted with a builder to build his “dream home cabin on the water.” The owner refused to make a final payment to the builder and the builder sued. The owner claimed the builder never fixed the many issues discovered throughout construction that were not according to the plans. Issues: Was the project built to the plans and inspected by the local code authorities? Was the builder owed additional money?

Slip and Fall

A customer was shopping in a store and tripped over a threshold resulting in serious injury. The customer incurred a lot of pain, suffering and medical bills. The business had doubled the size of the building without a permit and took down some fire rated doors and made it a cased opening at this fire barrier. Issue: Was the threshold at the new cased opening properly installed and inspected by the local code jurisdiction?

Refusal of Payment by Owner

An owner of a building hired a contractor to perform some extensive remodeling of the building. About halfway through the project, the owner discovered that the contractor did not pull a permit nor obtain any inspections. The owner refused to pay the contractor. Issues: Was the contractor due his money for the work performed and how could they now have the work properly inspected?