Skilled Construction And Design Defect Claims Attorney In Michigan
Construction and design defect claims are highly complex and riddled with apparently small technical issues that can make or break a case. In such a legal minefield, it is essential to work with highly qualified construction law attorneys. Ray M. Toma, PC, has over three decades of reliable experience in real estate and construction law. The lawyers at the firm are highly capable of advising both large and small businesses – as well as individuals – throughout Southeast Michigan on complex defect claims.
Understanding The Construction Defect Claim Process
When a business or property owner suspects a defect, knowing what steps to take is crucial to preserving a claim and minimizing financial loss. If a defect is suspected, it is critical to document the issue extensively with photographs and expert evaluations, avoid altering the site unless necessary for immediate safety and promptly contact experienced legal counsel.
The attorneys at Ray M. Toma, PC, guide clients through specific construction defect statutory hurdles, managing the formal notice process, site inspections and strategic negotiations to resolve without unnecessary litigation.
Whenever possible, the firm utilizes alternative dispute resolution, such as mediation, to reach a fair settlement out of court. However, if a resolution cannot be reached, the attorneys are proven trial lawyers prepared to protect their clients’ interests in litigation.
Design Defects And Professional Liability
Not all construction issues arise on the job site; many begin in the planning stages. Design defects occur when an architect, engineer or designer produces flawed plans or specifications. These professionals are held to a strict standard of care.
Unlike “strict liability,” where a party is responsible regardless of fault, Michigan law requires proving that the design professional failed to act with the degree of skill and care ordinarily exercised by members of their profession under similar circumstances.
Examples of design and construction defects include:
- Inadequate structural support leading to foundation cracks or instability.
- Poor roof or building envelope design is causing chronic water intrusion.
- Faulty electrical, plumbing or HVAC system specifications.
- Failure to adhere to state and local building codes or general standards of workmanship.
Legal Options For Commercial And Residential Businesses
Whether developing a commercial complex or a residential subdivision, builders, developers and contractors who face defect claims from unhappy clients need robust, strategic defense.
Likewise, business owners who have invested substantial resources into having a property built properly have legal recourse if a builder’s mistake or misconduct causes damage.
Ray M. Toma, PC, helps commercial and residential businesses overcome their legal options, which may include pursuing breach of contract claims, filing professional liability lawsuits against designers or holding subcontractors accountable for poor workmanship.
An “Industry Insider” Advantage
Having legal representation with inside knowledge of the industry provides a distinct advantage in defect disputes. The firm’s team includes an attorney who has spent his entire career in the real estate and construction industries. Before becoming a lawyer, he worked as a project engineer for the Barton Malow Co. – one of the largest construction contractors and project managers in North America – and as a civil engineer at BEI Associates in Detroit. Furthermore, he is a licensed residential builder who regularly buys, sells and develops real estate. This rare, hands-on experience means the firm understands the unique technical issues that affect these claims – such as the interpretation of complex plans, state and local regulations and standards of workmanship.
The combined legal and industry experience of the firm’s attorneys ensures that clients are always properly prepared to resolve their construction defect disputes successfully.
Let Ray M. Toma, PC, Help You
When your home or your livelihood is at stake, do not hesitate to protect your interests. Contact Ray M. Toma, PC, via email or call 248-633-8654 to arrange a consultation. With offices in Bloomfield Hills, the firm routinely represents individuals from Oakland County and across Southeast Michigan.