Between new homes and offices, road projects, and renovation of existing buildings throughout the state, New Mexico sees its fair share of construction projects. Unfortunately, not all projects go as planned, and can result in pre-litigation claims before completion of the project or litigation after completion of the project. Having an attorney who understands the nuances of a project, and the unique roles of the respective parties, whether it be a general contractor, subcontractor or design professional is crucial in addressing the claims and allocating fault.
Just as there are many types of construction projects, there are also many types of parties and claims that can arise from a project. Claims can relate to deficient work and delays throughout the entirety of a project, requiring analysis of the respective roles and work of the owner, design team, general contractor, and subcontractors. Such analysis may include whether the plans and specifications provide sufficient detail or were followed during construction, whether the work met code requirements, whether there were revisions to the scope of work satisfying industry standards, and whether there were communications during the project resulting in change orders that altered the scope of work or extended the deadlines during a project. Claims can also relate to a specific aspect of a project, requiring analysis of a specific trade’s work, such as earthwork, roofing, plumbing, or electrical.
Unfortunately, such claims can result in finger-pointing by several parties, requiring counsel who can understand the nuances of a project and the appropriate methods of handling the claims. Handling such claims can include understanding the steps to be taken in a pre-litigation claim, tendering claims to the appropriate parties and carriers, asserting third-party claims to allocate fault appropriately, and handling the defense of the respective claims with various experts.
The construction defect team at YLAW has vast experience handling claims on all aspects of a project. Its experience includes the following:
- Defense of design professionals such as architects, civil engineers, structural engineers, geotechnical engineers, and mechanical engineers.
- Defense of general contractors on both commercial and residential projects.
- Defense of various subcontractors, including roofers, electricians, plumbers, concrete, and landscapers.
- Handling pre-litigation claims while a project is ongoing to negotiate resolution and completion of a project.
- Handling complex litigation relating to all aspects of the project, including tendering of defense and indemnity, third-party claims, and retention of several experts to address defenses and third-party claims.
- Handling residential claims relating to construction or renovation of a single home.
Because these cases can be a challenge to manage and defend, having the input and assistance of an experienced construction defect lawyer is an important part of lessening or even eliminating risk, based on the details of your case. Feel free to contact YLAW’s construction defect team to learn more about how we can help.