The Top Challenges in Construction Defect Investigations
The Swaney Corporation
18 Jan 2024
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Not only do construction defects derail a project, but they can be very costly to fix. In some instances they can make projects lose profitability. The Swaney Corporation-Crowe Construction Inc. performs comprehensive defect investigations for construction companies across California so projects can stay on schedule and profit margins can remain intact.
We have seen many instances where defects have caused the involved parties to lead to disputes settled in courtrooms. Construction litigation can be a consequence of an overlooked construction defect that can bleed out a company’s resources. A case can go on for years. We are committed to helping keep disputes out of court.
With over 40 years of experience in the construction industry, the team at The Swaney Corporation have built a roster full of experts from different fields, from civil engineers to licensed contractors.
Our team of seasoned professionals in their disciplines is why we have found a niche for construction defect consulting and investigation in California. With their trained eye, they can spot the minutest details, which seem innocuous but can have a huge domino effect. They understand the complex interplay between materials used in construction and the construction environment.
In the event that your company does enter the construction litigation process, our investigators are versed in negotiation tactics regarding settlements and can navigate the arbitration process. If a construction defect lawsuit is filed in a court of law, our investigators can testify as expert witnesses. We present all credible evidence that backs your claim.
We cannot emphasize enough the importance of proper documentation. After completing an investigation, our team creates a comprehensive defect report that includes detail regarding the logistics we discovered was harming or delaying the project. The report also recommends the necessary repairs with industry standards and best practices in mind.
When testing materials, products, and systems, we ensure that guidelines set by the American Society for Testing and Materials (ASTM) and the American Architectural Manufacturers Association (AAMA) are followed. Testing always takes place under the supervision of registered civil engineers.
Investigating construction defects requires a keen eye. Even seemingly minor investigation mistakes can lead the investigation team down the wrong path. Therefore, our team develops an effective investigation plan before starting an investigation. Thorough investigation planning prevents slip-ups and confusion, helping ensure our findings are as accurate as possible.
Common defects that our investigators see include but are not limited to faulty wiring, leaky roofs, incorrect installation of fixtures, and improper drainage systems. A lack of proper building maintenance can also contribute to defects such as water damage, mold growth, and weathering of materials.
Construction defect investigation is an ever-evolving field. Technologies and techniques used for investigating construction defects can be disrupted tomorrow. We realize the importance of staying up to date with the latest industry developments.
To talk to a qualified construction defect consultant in California, call our office at (707) 665-9668 to discuss your project today.
Construction defects don’t just derail projects; they pose a significant financial threat that can lead to prolonged litigation and a loss of profitability. At The Swaney Corporation / Crowe Construction, Inc., we work alongside law firms and insurance companies to provide comprehensive defect investigation, forensic construction analysis and expert consultation to establish the root cause of failures, recover lost profitability, and prevent disputes from going to court. Our staff has diverse backgrounds with varied areas of expertise with an emphasis on exterior building envelopes specializing in water infiltration defects. We also provide expertise in grading and paving defects.
Our credibility is built on experience. With over 40 years in the industry, we have cultivated a team of specialists from diverse disciplines who provide a complete, unbiased view of the defect’s origin.
Under our supervision, we ensure that all investigations and testing of materials, products, and systems adhere to the most rigorous industry guidelines, including standards set by the American Society for Testing and Materials (ASTM) and the American Architectural Manufacturers Association (AAMA). This guarantees the highest level of technical defensibility.
Before the investigation begins, we will develop our own Investigation Plan and review opposing parties investigative plans and protocols to ensure that the resulting findings are as accurate and efficient as possible, saving you time and money.
What to Expect from Our Process:
If your project faces construction defects or potential litigation, you need the technical and forensic expertise of The Swaney Corporation & Crowe Construction, INC.
Call our office at (707) 665-9668 or complete the form to schedule your confidential consultation.
A construction defect is any deficiency in design, materials, or workmanship that results in a failure to comply with contract specifications or building codes. Responsibility can fall on the general contractor, subcontractors, designers, or even the project owner in cases of maintenance or inspection negligence. Our forensic work is to precisely determine the root cause and the responsible party.
The first step, before attempting repairs that could destroy evidence, is to document the defect thoroughly (photos, videos, notes) and notify the contractor, applicable insurance companies or relevant parties in writing by following the notice procedures stipulated in your contract. Then, an independent expert consultant (like The Swaney Corporation/Crowe Construction Inc) will be hired to assist you and conduct an unbiased, forensic investigation.
A simple inspection focuses on verifying the current state. The Forensic Analysis we perform goes beyond that: it searches for the root cause of the failure. This involves close observation of destructive and non-destructive testing (often performed by the Plaintiff Party), review of design documents, analysis of relevant building codes, other applicable industry standardsand determining the sequence of events that led to the defect. This level of detail is necessary for litigation support.
Yes. Waterproofing failures, water intrusion, and subsequent mold growth are among the most common and costly defects we investigate. Our team of civil engineers is experienced in building envelope systems and can trace the origin of water intrusion, providing a path for effective remediation and financial recovery.
You will receive a detailed Comprehensive Defect Report. This report includes:
