Building Design Defect

 

Pella Windows Class Action Case

$25.7 Million

We have recovered a $25.7 million settlement on behalf of our client on a Pella windows class action case.

Chinese Drywall Settlement Case

$24 Million

We have recovered $24 million on the largest individual Chinese drywall settlement case.

Marriott Vacation Club Class Action

$13.3 Million

We have recovered a $13.3 million settlement for Deceptive Trade Practices at Marriott Vacation Club.

North Carolina Construction Litigation Attorneys

Handling Building Design Error & Defect Case in North Carolina

When an architect, engineer or other design professional creates plans for a building, those plans serve as the blueprint for all subsequent work. If the designer of a building makes errors or oversights, they create the potential for civil liability claims. When a designer, such as an architect, or engineer, makes errors or omissions in the design and/or oversight of a building or other construction project, the problems created can quickly become complicated, costly, and serious.

In general, a number of parties are involved in large and complex building projects. These include the design professionals, general contractor, and various subcontractors (plumbers, electricians, etc.). When an unsafe or defective condition occurs in a building, the parties responsible for that condition can be held liable. For example, if a building, such as a house, townhouse, or condominium, leaks and suffers from rot or water damage due to defective design and/or improper construction, the designers, contractor, and other responsible parties can be held liable.

Common Designer-Related Errors

  • Negligently prepared plans
  • Inadequate or missing designs or details
  • Negligence in specifications
  • Incomplete, inadequate, or incorrect specifications
  • Failing to demonstrate a level of reasonable care in:
    • Design
    • Preparation of plans
    • Oversight of construction
    • Inspection of construction details as required
  • Deviations from the standards of the profession
  • Designs that produce unreasonably dangerous conditions
  • Failing to comply with relevant laws, building codes, etc.
  • Basing designs on incorrect codes
  • Designs that fail to comply with manufacturers’ requirements and recommendations
  • Designs that fail to meet safety requirements

Limitation of Liability Clauses

A building’s designer may add provisions to the contractual agreements that contain limitations of monetary liability. There have been rulings in North Carolina where such “limitation of liability clauses” were prohibited when deemed as contrary to public policy. Consult with an experienced attorney if your design professional’s contract contains such a clause. Liquidated Damages

Clauses referred to as liquidated damages clauses do not seek to absolve a party from liability, but instead, allow parties to come to an agreement on an amount of maximum liability. The first requirement for validity is that potential damages would be difficult to ascertain if there was a breach. The second requirement is that the amount of liquidated damages called for must be a reasonable estimate of damages if there were a breach, or reasonably proportionate to any damages caused by a breach.

We invite you to contact Rhine Law Firm, P.C., at (910) 501-2474 for a free initial consultation with one of our experienced Wilmington construction litigation lawyers regarding your legal needs. In cases that are limited to workers’ compensation, our attorneys can help you with your claim.

Wilmington Lawyers for Cases of Deficient Building Design

The attorneys at Rhine Law Firm, P.C., have been successfully handling construction litigation matters in North Carolina for over 30 years, and we will put our experience behind your claim.

Our Promise to You

  • National Practice with a Local Presence

  • Hundreds of Millions of Dollars Won

  • Over 30 Years of Experience

  • Experienced, Thorough & Dedicated Attorneys

  • Spanish-Speaking Services Available

  • Evening & Weekend Appointments Available Upon Request

“Joel Rhine and his staff did everything possible to help us in a very dark period of our lives.”

“I couldn’t have asked for a better firm to handle my injury claim. If you do not have confidence with your attorney, you need to contact Rhine Law Firm immediately.”

“Rhine Law Firm went out of their way to make sure that my mother-in-law obtains everything she is entitled to in an injury case.”

“It was a long, arduous process and we cannot thank Joel and the rest of the team at Rhine Law Firm enough.”

“Joel will make sure you are well taken care of. He will fight for you and what you deserve and go to all measures to make sure you get it.”

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