Housing Defects

At OSO, we have litigated numerous claims of homeowners and associations in the area of housing construction defects. We have extensive experience with the complex issues that arise from construction defects in design and workmanship. Our attorneys bring broad experience and a thorough understanding of the network of participants in the home building process.

Residential Home Defects

OSO recognizes that a home is typically a person’s largest life investment. This firm has successfully negotiated numerous residential home construction defect cases to conclusion. Our experience in these cases has ranged from significant structural problems to failures of the builder to honor warranties after the sale of the home. Each situation requires a unique approach to resolving the issues with the home builder. The approach will vary depending upon the type of problems, how the builder is reacting to issues and a comparison of the benefit sought through litigation with the cost of obtaining the desired result. OSO’s goal is to structure fee agreements and tailor how the dispute is carried forward to provide the best result for the homeowner and protect the substantial investment a home represents.

Structural Damage to the Home

Home builders must use reasonable care in construction of a home. Failure to abide by a reasonable standard can subject the builder to a lawsuit for negligence as well as for breaching the purchase contract or warranties that exist when the home was sold to the purchaser.

Subsequent homeowners are also protected by the duty placed upon the builder. However, the defect must have been hidden from the buyer at the time of purchase. If the defect was hidden by the seller of the home, an action may also be brought against the seller for fraudulent concealment.

OSO believes the key to success in cases where there is major structural damage is to bring in engineers and construction experts immediately. By utilizing experts early in the situation a number of concerns can be addressed. First, the home buyer’s safety is paramount. It is therefore important to ascertain the gravity of damage and the condition of the home. Second, allowing experts in an early look at the home provides them an opportunity to see how the home behaves over time. As many will indicate, given time the home tells a story of where it is stressed and where failures are occurring. Finally, allowing the early involvement of experts helps the trial attorney build his case for the courtroom from the very beginning. A very influencing factor in settling a case early can be the state of readiness an attorney demonstrates. This state of readiness can only be achieved by preparing for trial from the first day a case is presented.

Minor Damage or Warranty Work to be Completed

In cases where the problem with the home is more cosmetic or where the problems can be repaired without extensive reconstruction, it is important to constantly measure the cost of pressing a cause of action with the expected outcome. All too often attorneys press forward with an aggressive, time-consuming and costly attack in order to accomplish the goals set out by attorney and client. Unfortunately, if the damages or expected result from litigation are relatively small, the cost of proceeding can quickly surpass the expected gain. Therefore, it is essential for the client and attorney to routinely focus on a costs v. expected gain analysis in order to assure a successful outcome. Such focus will usually involve frequent strategy shifts in order to quickly and cost effectively resolve outstanding issues.

In some situations, it may be the case that no legal action is viable in light of the costs v. expected gain analysis. However, OSO is convinced it is better for the client to know the outcome is not likely to be financially rewarding at the beginning of the situation as opposed to later when there has already been significant expenditure of costs, fees and emotional investment.